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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll