Capacity to marry
Some of the Court of Protection cases are sad and long on facts. This is one of them: AB v HT [2018] EWCOP 2. It involved M, a 37 year old Somali woman, who lacked capacity at the time of the [...]
The practical difficulties following the decision in Simon v Byford
The Court of Appeal’s decision in Simon v Byford [2014] EWCA Civ 280 has arguably created some practical difficulties for the practitioner dealing with elderly clients. The confirmation by the [...]
Can a testator have cognitive impairment yet still have testamentary capacity?
In this sad case, there was no question of a carer taking advantage of the testator. The testator was found to have an underlying cognitive impairment which meant that although she appeared to [...]
Wills, capacity, knowledge and approval – Simon v Byford & Ors [2013] EWHC 1490
At first glance it may seem surprising that a testatrix’s last Will dividing her residuary estate equally between her children was upheld as valid where she had mild to moderate dementia. She [...]
Wills: capacity, knowledge and approval – Re Ashkettle decd, Ashkettle v Gwinnett
In this case the judge found evidence of actual lack of capacity rather than the propounder not being able to sufficiently show capacity. The medical history was quite clear: the Testator had [...]
Will capacity, knowledge & approval and undue influence for lifetime transactions
Although this case is one of many recent cases on testamentary capacity and knowledge and approval, it usefully looks at the shifting evidential burden where the suspicions of the court are [...]
