MENTAL CAPACITY ACT
UNDUE INFLUENCE
CAPACITY TO MAKE A WILL POST-MENTAL CAPACITY ACT 2005
Scammell v Farmer [2008] EWHC 1100 (Ch), [2008] All ER (D) 296 (May)
The claimants (C) are the two grandchildren of Irene Scammell who died on 3 July 2003. They challenged the validity of her last will made in early 2003 on the basis of lack of capacity, lack of knowledge and approval, and undue influence. Mrs Scammell’s daughter, the defendant (D), was the sole beneficiary of the will to the exclusion of C. Mrs Scammell had executed an earlier will leaving her property to C in equal shares and the remainder of her estate to be divided between D and a third party.
The earlier will, and all copies of it, had been destroyed by D after Mrs Scammell’s death. As a result Mr Stephen Smith QC, sitting as a deputy judge of the Chancery Division, approached D’s evidence with caution.
Despite a diagnosis of early onset Alzheimer’s in September 2001, the judge held that Mrs Scammell had testamentary capacity when she signed the will and
