| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 54 (May) |
| Court: | Chancery Division |
| Judge: | Nicholas Strauss QC sitting as a deputy judge of the High Court |
| Representation | Katharine McQuail (instructed by Irwin Mitchell) for the claimants. |
| Peter Dodge (instructed by Rutland & Crawford) for the defendant. | |
| Judgment Dates: | 4 May 2006 |
Catchwords
Will - Validity - Testamentary capacity - Claimants alleging testatrix lacking testamentary capacity at time of making of last will - Whether will valid - Whether will procured by undue influence.
The Case
It was essential that a testator should understand the nature of the act and its effects, know which persons he should consider as possible beneficiaries, be able to understand the extent of the property of which he was disposing of and have the mental capacity to make decisions which took into effect the relevant matters and arrive at a rational, fair and just testament. In the instant case, the will in question was invalid as the testatrix had lacked the necessary testamentary capacity at the time it was made.
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