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Law digest: 14 November 2008

13 November 2008
Issue: 7345 / Categories: Features , Wills & Probate
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Peter Hungerford-Welch, associate dean, The City  Law School, City University London. www.city.ac.uk/law

Couwenbergh v Valkova [2008] EWHC 2451 (Ch), [2008] All ER (D) 264 (Oct)

For a will to be valid, the law does not call for a perfectly balanced mind, nor is a will to be pronounced against merely because the testator was moved by capricious, frivolous, mean or even bad motives. Where the will is rational on its face (and duly executed) the court will presume that the testator was mentally competent, and so the burden rests on those alleging it to adduce evidence of the testator’s unsoundness of mind. However, once there is evidence before the court which credibly calls into question the testator’s capacity to make a will at the time the will was made, the burden shifts to those who seek to propound the will to prove that the testator had the required mental capacity to make it.

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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
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
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