header-logo header-logo

13 June 2019 / Giles Eyre , Linda Monaci
Issue: 7844 / Categories: Features , Mental health , Wills & Probate , Expert Witness
printer mail-detail

Post-mortem capacity assessments

Giles Eyre & Dr Linda Monaci provide practical insight into assessing a testator’s capacity after their death

  • Assessing mental capacity retrospectively is a difficult task: it is essential to instruct an expert, such as a neuropsychologist, to provide a mental capacity assessment on the basis of the evidence then available.

Marie was born in France but had lived in the UK for the last 35 years. She died of dementia aged 88 in a nursing home, leaving under her will a considerable wealth to her four children, but divided unequally, and a legacy to an unrelated younger man.

Two of her children who lived abroad instructed a solicitor to contest the will as they claimed she lacked capacity at the time that the will was made and that the assets should be divided equally among all four children, in accordance with her previous will, and that the gift of £20,000 she had made to a man in his fifties should not be allowed as they claimed he had been a younger

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll