Testamentary Capacity in UK Law

  • Fuller v Strum
    • Court of Appeal (Civil Division)
    • 07 Diciembre 2001
    ...... to Michael that he had been told of some legal terms such as "testamentary expenses" and had been advised of the need for full names and addresses of ... by the propounder of the will proving the testamentary capacity of the deceased and the due execution of the will, from which the court ......
  • Gill v Woodall & Others
    • Court of Appeal (Civil Division)
    • 14 Diciembre 2010
    ...... in and conversion and my ready money pay my funeral and testamentary expenses inheritance tax and debts and shall hold the residue UPON TRUST ... it was properly to be regarded as a dispute about testamentary capacity, not about knowledge and approval. No case of incapacity had been made, ......
  • Banks v Goodfellow
    • Queen's Bench Division
    • 1870
    ...... to set aside the will, on the ground of the alleged want of testamentary capacity on the part of the testator. An issue was directed by the Court, ......
  • Hoff and Others v Atherton
    • Court of Appeal (Civil Division)
    • 19 Noviembre 2004
    ......Krol's capacity at any time. . 6 Gloria is the daughter of ... since 1970, if not earlier, and who had prepared all her testamentary instruments, as an executor together with Mr. Campbell, a partner of ......
  • Wintle v Nye
    • House of Lords
    • 18 Diciembre 1958
    ...... for the purpose to pay or make provision for my funeral and testamentary expenses and debts and the legacies and annuities bequeathed by this my ...I agree that in this case the question of the testamentary capacity of the testatrix was not in issue. What was in issue was whether she ......
  • Barry v Butlin
    • Privy Council
    • 08 Diciembre 1838
    ...... Mews' Dig. tit. Will, I. Testamentary Capacity, h. Undue Influence and Fraud, also VIII. d. 3 Onus of Proof, f. ......
  • Re Beaney, decd
    • Chancery Division
    ...... . Gift - Mental capacity - Gift inter vivos - Donor transferring house to daughter - House being ... proposition that the degree of understanding required for testamentary capacity is somewhat different from that required for the execution of a ......
  • Masterman-Lister v Brutton; Masterman-Lister v Jewell
    • Court of Appeal (Civil Division)
    • 16 Enero 2003
    ...... that the judge erred in law in that he applied the wrong test for capacity, and various criticisms are made of the way in which he formulated the ... of the requirement are found in relation to the making of testamentary dispositions ( Harwood v Baker (1840) 3 Moore 282 , Bankes v ......
  • Perrins v Holland and Others
    • Court of Appeal (Civil Division)
    • 08 Diciembre 2010
    ......The cause was not, therefore, either Robert's mental capacity or Mr Ferguson's conduct.” . . 9 The judge ...She ceased to have testamentary capacity on 26th August. On 29th August she executed the will drawn by her ......
  • Key and Another v Key and Others
    • Chancery Division
    • 05 Marzo 2010
    ...... John have challenged the 2006 Will on the grounds of want of testamentary capacity and want of knowledge and approval. The claim has been vigorously ......
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