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11 November 2010 / Paola Fudakowska , Adam Cloherty , Paul Hewitt
Issue: 7441 / Categories: Features , Wills & Probate
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Making amends

Paul Hewitt, Paola Fudakowska & Adam Cloherty report on declining capacity, mutual wills & rectification

In Perrins v Holland [2010] EWCA Civ 840, the Court of Appeal reinforced and approved the well-known rule in Parker v Felgate (1883) LR 8 PD 171.

In April 2000, when he had testamentary capacity, R gave instructions for a will revoking a former will in D’s favour and leaving his entire estate to A. However, in September 2001, when he finally executed the will, R no longer had full capacity—although it was read and summarised to him, he approved it, and it continued to represent his testamentary intentions. At first instance, applying Parker v Felgate, Lewison J held that the will was therefore valid.

D appealed to the Court of Appeal, submitting that (i) the decision in Parker v Felgate was wrong; (ii) by definition R could not have known and approved of the will when executing it if he lacked full capacity at that time; and (iii) in applying the Parker v Felgate, Lewison

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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