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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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