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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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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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