header-logo header-logo

Capacity assessment

27 March 2015 / Henrietta Mason , Paola Fudakowska
Issue: 7646 / Categories: Features , Wills & Probate
printer mail-detail
mason

Henrietta Mason & Paola Fudakowska provide a wills & probate update

In Re Walker (Deceased) (unreported, 20 November 2014), Mrs Walker had separated from her husband of 26 years and lived for two years with her partner, Mr Badmin, who was 23 years her junior, and two years older than her oldest daughter. She made a will in January 2010, one month before she died of a brain tumour. Ancillary relief proceedings in relation to her divorce from Mr Walker were not concluded before her death. She left a life interest in her share of matrimonial assets to Mr Badmin and her residuary estate as to 50% to Mr Badmin and as to 25% to each of her daughters. She also signed a letter setting out her reasons for making the will in these terms (the letter).

Mrs Walker’s daughters challenged the will on the bases of lack of testamentary capacity and knowledge and approval. The daughters argued that the test for capacity should be that set out in the Mental Capacity Act

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll