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

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
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
back-to-top-scroll