||All England Reporter
|| All ER (D) 248 (Apr)
|| EWHC 915 (Ch)
||John Sharples (instructed by Milne &Lyall, Bridport) for the claimants.
||Michael Waterworth (instructed by Hood Vores & Allwood) for the defendant.
||27 April 2006
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 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.
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