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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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

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The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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