Scammell v Farmer
Saturday, 7th June 2008
[2008] EWHC 1100 (Ch); [2008] All ER (D) 296 (May); Chancery Division; Stephen Smith QC, sitting as a High Court judge; Click for the Baiili report
The judge declined to apply the definition of mental capacity contained in the Mental Capacity Act 2005 to the circumstances of the execution of a will in 2003. He said:
Baker v Baker
Friday, 14th March 2008
[2008] All ER (D) 179 (Mar); 13 March 2008; Chancery Division; Paul Girolami QC sitting as a deputy judge of the High Court
In this case it was held that the deceased did not have testamentary capacity to execute a valid will and so his estate passed on an intestacy. A counterclaiming applicant under the Inheritance (Provision for Family and Dependants) Act 1975,
Brown v Executors of the Estate of Her Majesty Queen Elizabeth the Queen Mother
Saturday, 9th February 2008
[2008] All ER (D) 118 (Feb); [2008] EWCA Civ 56; 8 February 2008; Court of Appeal, Civil Division; Lord Phillips of Worth Matravers CJ, Thorpe and Dyson LJJ
Well, he got his hearing.
Blackman v Man
Saturday, 8th December 2007
[2007] All ER (D) 118 (Dec); 7 December 2007; Chancery Division; Sir Donald Rattee
A testatrix left a substantial legacy to a couple who had been involved in running a chinese restaurant. The couple had been described by the testatrix as her best friends.
Kostic v Chaplin
Saturday, 8th December 2007
[2007] All ER (D) 119 (Dec); [2007] EWHC 2909 (Ch); 7 December 2007; Chancery Division; Henderson J
A testator bequeathed £8m to the Conservative Party Association (”the CPA”). After a challenge against the validity of his will, it was held that the testator lacked testamentary capacity to make the will. This decision concerned the question of costs. Read more
Caton v Goddard
Thursday, 25th October 2007
[2007] All ER (D) 370 (Oct); 24 October 2007; Chancery Division; Briggs J
The solicitor, who attended the 80 year old testatrix and drafted a will for her, was satisfied that she had the necessary capacity to make the will. After the testatrix’ death, a medical expert concluded that, Read more
