MENTAL CAPACITY TO MAKE LIFETIME GIFTS – GORJAT V GORJAT [2010] EWHC 1537
AUGUST 27TH 2010 | 05:09 TAGS:
The perennial difficulty of a person married twice must be to divide his estate fairly between his second wife and the children of his first marriage. This case explores the modern version of this problem – the international family with the deceased a citizen of France but domiciled and habitually resident in England; his children born and resident in France and his second wife Argentinean but domiciled in England. It is particularly difficult when capacity might be called into question through poor health and there is always the old chestnut of ‘undue influence’ to add into the mix.
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