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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 J had failed to consider whether R’s instructions were “settled”

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Jurit LLP—Caroline Williams

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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