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 ......
  • 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. ......
  • 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, ......
  • 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 ......
  • White and Another v Jones and Another
    • House of Lords
    • 16 Febrero 1995
    ......Barratt's revised testamentary intentions to receive effect. He negligently failed to take these steps ... the Bill into your Lordships' House (acting in its legislative capacity) on behalf of the Law Commission. The solution adopted by the Act was to ......
  • 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 ......
  • 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 ......
  • Re D (Statutory Will) [Court of Protection: Manchester]
    • Chancery Division
    • 16 Agosto 2010
    ...... This is the hearing of an unopposed application under the Mental Capacity Act 2005 for an order authorising the deputy of a protected person, Mrs D, ... explained that: “The interview notes merely recorded the testamentary intentions and did not state who gave the instructions or who was present ......
  • Sherrington and Others v Sherrington
    • Court of Appeal (Civil Division)
    • 29 Diciembre 2006
    ......, LONDON W1U 6BP AND I HEREBY REVOKE all former Wills and testamentary dispositions made by me 1) I APPOINT ... if he [sic] shall be unable or unwilling to act in either such capacity or if he [sic] shall predecease me I APPOINT my daughters DALIAH ......
  • Sheffield City Council v E and S
    • Family Division
    • 02 Diciembre 2004
    ......'s Jurisdiction) [2001] Fam 38 and Re S (Adult's Lack of Capacity: Carer and Residence) [2003] EWHC 1909 (Fam) , [2003] 2 FLR 1235 . ... that the deceased in that case had already been held to lack testamentary capacity. But it is notable that none of the three judges in the Court of ......
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