Source: All England Reporter
Publisher Citation: [2015] All ER (D) 32 (Sep)
Court: Chancery Division
Judge:

Mr N Lavender QC

Representation Christopher Maynard (instructed by Cavendish Legal Group Ltd) for RR.
  Toby Bishop (instructed by Bolt Burdon Solicitors) for ER.
Judgment Dates: 4 September 2015

Catchwords

Will - Testator - Soundness of mind - Testatrix, IR, making will in 2006 - IR making second will in 2008 - 2008 will being less favourable to claimant, RR, than 2006 will - RR challenging validity of 2008 will - Whether, among other things, IR having testamentary capacity to make 2008 will - Whether IR having known and approved contents of 2008 will.

The Case

Will Testator. The Chancery Division dismissed the claimant's challenge to his mother's will, in which she left him a very small percentage of her estate. The court held that the testatrix had, among other things, possessed testamentary capacity when she had made the will and had not been suffering from insane delusions.

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