will in UK Law

Moreover the fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine.

Wills frequently give rise to feelings of disappointment or worse on the part of relatives and other would-be beneficiaries.

If the court is to be satisfied that the testator did know and approve the contents of his will – that is to say, that he did understand what he was doing and its effect—it may require evidence that the effect of the document was explained, that the testator did know the extent of his property and that he did comprehend and appreciate the claims on his bounty to which he ought to give effect.

In deciding what provision should be made in a will to be executed on P's behalf and which, ex hypothesi, will only have effect after he is dead, what are P's best interests? Mr Boyle stressed the principle of adult autonomy; and said that P's best interests would be served simply by giving effect to his wishes. In my judgment the decision maker is entitled to take into account, in assessing what is in P's best interests, how he will be remembered after his death.

The question, I think, is this: Was Mr Parkon the morning of the 30th May, 1949, capable of understanding the nature of the contract into which he was entering, or was his mental condition such that he- was incapable of understanding it? Now, in order to ascertain the nature of the contract of marriage a man must be mentally capable of appreciating that it involves the responsibilities normally attaching to marriage.

In the light of the totality of the evidence I accept that Mr Ferguson did briefly run through the will; but I do not accept that he spent as long as ten or fifteen minutes doing so. Again, in my judgment, Mr Ferguson was attempting to portray a greater level of care and competence than he in fact possessed.

First, less importance is attached today than it was in Victorian times to the independent duty of the court to investigate the circumstances in which a will was executed and to satisfy itself as to its validity. Secondly, the courts are increasingly alert to the dangers of encouraging litigation, and discouraging settlement of doubtful claims at an early stage, if costs are allowed out of the estate to the unsuccessful party.