Source: All England Reporter
Publisher Citation: [2008] All ER (D) 179 (Mar)
Court: Chancery Division
Judge:

Paul Girolami QC sitting as a deputy judge of the High Court
Judgment Dates: 13 March 2008

Catchwords

Probate - Will - Validity - Testamentary capacity - Deceased executing will whilst terminally ill - Claimant seeking pronouncement against validity of will on basis of deceased's lack of capacity - Whether will valid - .

The Case

Where the deceased had made a will, the beneficiary of which was the second defendant, whilst terminally ill and suffering from a condition which affected his neuro-psychiatric functions, the court held, inter alia, that the will was invalid on the basis that the deceased had lacked the requisite testamentary capacity to validly execute the will. However, the second defendant was entitled to reasonable financial provision pursuant to s 1(1)(ba) of the Inheritance (family Provision and Dependants) Act 1975.

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