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26 June 2008 / Paola Fudakowska , Paul Hewitt
Issue: 7327 / Categories: Features , Wills & Probate , Mental health
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Wills & probate update

MENTAL CAPACITY ACT
UNDUE INFLUENCE

CAPACITY TO MAKE A WILL POST-MENTAL CAPACITY ACT 2005

Scammell v Farmer [2008] EWHC 1100 (Ch), [2008] All ER (D) 296 (May)

The claimants (C) are the two grandchildren of Irene Scammell who died on 3 July 2003. They challenged the validity of her last will made in early 2003 on the basis of lack of capacity, lack of knowledge and approval, and undue influence. Mrs Scammell’s daughter, the defendant (D), was the sole beneficiary of the will to the exclusion of C. Mrs Scammell had executed an earlier will leaving her property to C in equal shares and the remainder of her estate to be divided between D and a third party.

The earlier will, and all copies of it, had been destroyed by D after Mrs Scammell’s death. As a result Mr Stephen Smith QC, sitting as a deputy judge of the Chancery Division, approached D’s evidence with caution.

Despite a diagnosis of early onset Alzheimer’s in September 2001, the judge held that

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The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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