Source: All England Reporter
Publisher Citation: [2006] All ER (D) 248 (Apr)
Neutral Citation: [2006] EWHC 915 (Ch)
Court: Chancery Division
Judge:

Hart J

Representation John Sharples (instructed by Milne &Lyall, Bridport) for the claimants.
  Michael Waterworth (instructed by Hood Vores & Allwood) for the defendant.
Judgment Dates: 27 April 2006

Catchwords

Probate - Will - Validity - Testamentary capacity - Knowledge and approval - Disputed will made in manuscript on stationers' will form - Disputed will leaving whole of estate to daughter of testatrix - Disputed will substantially departing from provisions in earlier will - Whether testatrix having testamentary capacity - Whether testatrix knew and approved contents of will.

The Case

The requirements of testamentary capacity and knowledge and approval were conceptually distinct. The court was not satisfied on the balance of probabilities either that the testatrix had testamentary capacity on 31 August 2004 or that she knew and approved the contents of the will when she signed it. The court therefore pronounced against the alleged will dated 31 August 2004.

Practice Areas

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