07 October 2010
Singellos v Singellos [2010] EWHC 2353 (Ch), [2010] All ER (D) 130 (Sep)
A will would be validly executed if (i) the testator gave settled instruction in respect of it to his solicitor at the time when he had testamentary capacity and (ii) the testator executed the will knowing or believing that it reflected those earlier instructions. That was expressed as the “third state of mind” referred to in Parker v Felgate (1883) LR 8 PD 171. The fact that the principle had not been previously applied to inter vivos transactions did not bar it being equally applicable to inter vivos dispositions.
