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 to his friend Mr Edkins (E), a flat worth £75,000
