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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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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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