header-logo header-logo

13 November 2008
Issue: 7345 / Categories: Features , Wills & Probate
printer mail-detail

Law digest: 14 November 2008

Peter Hungerford-Welch, associate dean, The City  Law School, City University London. www.city.ac.uk/law

Couwenbergh v Valkova [2008] EWHC 2451 (Ch), [2008] All ER (D) 264 (Oct)

For a will to be valid, the law does not call for a perfectly balanced mind, nor is a will to be pronounced against merely because the testator was moved by capricious, frivolous, mean or even bad motives. Where the will is rational on its face (and duly executed) the court will presume that the testator was mentally competent, and so the burden rests on those alleging it to adduce evidence of the testator’s unsoundness of mind. However, once there is evidence before the court which credibly calls into question the testator’s capacity to make a will at the time the will was made, the burden shifts to those who seek to propound the will to prove that the testator had the required mental capacity to make it.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll