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31 October 2025
Issue: 8137 / Categories: Legal News , Profession , Expert Witness , Wills & Probate , Health
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NLJ this week: Instructing the right expert

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The High Court's decision in Parfitt v Jones [2025] EWHC 1552 (Ch) provided a striking reminder of the need to instruct the right expert in retrospective capacity assessments, says Ann Stanyer of Wedlake Bell in NLJ this week

The court rejected evidence from a psychologist lacking medical qualifications, finding his reasoning opaque and his conclusions unsound. The judge reaffirmed that testamentary capacity hinges on the Banks v Goodfellow test—not a 'memory test' or speculation about later dementia.

Stanyer distils the lessons: when assessing historical capacity, solicitors must give detailed instructions, supply comprehensive background and ensure the expert can interpret medical evidence. Reports must address the testator’s health, context, and decision-making abilities clearly and objectively.

The case, she writes, exposes the risk of disrespecting the deceased with unfounded incapacity claims—and underscores the need for clarity, qualification and respect in expert testimony. 

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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