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29 July 2010
Issue: 7428 / Categories: Case law , Law reports
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Will—Testator—Testamentary capacity

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Perrins v Holland [2010] EWCA Civ 840, [2010] All ER (D) 210 (Jul)

Court of Appeal, Civil Division, Sir Andrew Morritt C, Moore-Bick and Jackson LJJ, 21 July 2010

Parker v Felgate LR 8 PD 171 remains good law. What is required is due execution of a will which the court can be satisfied expresses the wishes of a testator at a time when he did have full testamentary capacity and has not been subsequently revoked.

Penelope Reed QC and James Quirke (instructed by Tyndallwoods) for the claimant. John Randall QC and Angus Burden (instructed by Williamson and Soden) for the defendants.

The testator was born in 1955. In 1991 he was found to have primary progressive multiple sclerosis. By early 2000 he was confined to a wheelchair, and had little control over his movements. He married in 1977. One child, the claimant, was born in 1986. The testator and his wife separated in 1993, and the following year met the third defendant who became his carer; he wished to marry her. He divorced his

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