Source: All England Reporter
Publisher Citation: [2013] All ER (D) 321 (May)
Neutral Citation: [2013] Lexis Citation 33
Court: Chancery Division

N Strauss QC sitting as a deputy judge of the High Court

Representation Sarah Haren (instructed by Lyons Davidson Ltd) for the claimant.
  Roger Smith (instructed by Chennells) for the first defendant.
  Dennis Sharpe (instructed by Lindops) for the second and third defendants.
  The fourth and fifth defendants did not appear and were not represented.
Judgment Dates: 28 May 2013


Will - Testator - Testamentary capacity - Deceased leaving estate equally divided between four children - Claimant challenging validity of will on basis deceased lacking testamentary capacity due to dementia - Whether will valid.

The Case

Will Testator. The claimant challenged the validity of his mother's will, which had omitted specific bequests to him of 16 shares in a company and a flat from a previous will. The expert evidence provided that the deceased had been suffering dementia at the time that the will was made. The Chancery Division, in upholding the validity of the will, found that the deceased had understood it, and had known and approved of its provisions.

Practice Areas

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