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11 November 2010 / Paola Fudakowska , Adam Cloherty , Paul Hewitt
Issue: 7441 / Categories: Features , Wills & Probate
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Making amends

Paul Hewitt, Paola Fudakowska & Adam Cloherty report on declining capacity, mutual wills & rectification

In Perrins v Holland [2010] EWCA Civ 840, the Court of Appeal reinforced and approved the well-known rule in Parker v Felgate (1883) LR 8 PD 171.

In April 2000, when he had testamentary capacity, R gave instructions for a will revoking a former will in D’s favour and leaving his entire estate to A. However, in September 2001, when he finally executed the will, R no longer had full capacity—although it was read and summarised to him, he approved it, and it continued to represent his testamentary intentions. At first instance, applying Parker v Felgate, Lewison J held that the will was therefore valid.

D appealed to the Court of Appeal, submitting that (i) the decision in Parker v Felgate was wrong; (ii) by definition R could not have known and approved of the will when executing it if he lacked full capacity at that time; and (iii) in applying the Parker v Felgate, Lewison

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NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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