header-logo header-logo

Wills, spills, forgery & other ills

19 January 2018 / Constance McDonnell KC
Issue: 7777 / Categories: Features , Wills & Probate
printer mail-detail
nlj_7777_mcdonnell

It’s a family affair: Constance McDonnell presents a review of key contentious probate cases

  • Testamentary capacity & weight of evidence of a solicitor or other professional who prepared the will.
  • Want of knowledge & approval.
  • Claims by adult children.

Three recent cases in which testamentary capacity was an issue highlight the weight which is likely to be given to the evidence of a solicitor or other professional who prepared the will.

In Edkins v Hopkins [2016] EWHC 2542 (Ch), HHJ Jarman QC sitting in the Cardiff District Registry considered the validity of a will made by a testator (T) three months before his death at the age of 59 due to alcoholic liver damage. The will had been prepared by a solicitor who had many years’ experience of drafting wills and who attended T at home. She did not follow the Golden Rule as she did not feel it was necessary. She did, however, produce a very full attendance note. By the disputed will T gave shares worth £822,000

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll