Banks v Goodfellow: The common law test for testamentary capacity remains
A frequent means of challenging the validity of a Will is to claim that the person who gave instructions for the Will, known as “the testator”, did not have the required level of mental capacity, known as “testamentary capacity”.
Will written on a McDonald’s napkin is deemed to be valid
In early 2015, an elderly man who thought he was having a heart attack whilst in a McDonald’s restaurant in Canada scribbled down on a thin, brown napkin that his estate should be split evenly between his seven living children, who he then listed.
Barnaby v Johnson – Why the “kitchen sink” approach can send you down the drain
In Barnaby v Johnson [2019] EWHC 3344 (Ch), the defendant challenged her mother’s Will on four different grounds. This is a risky strategy for success, especially if you are lacking in evidence…
Does your Will reflect your will and is that morally right?
As a contentious trust and probate practitioner, I have come to understand how emotive the whole issue of inheritance is. Should your parents leave their worldly wealth to you? What provision should you make for your second time spouse in preference to the children of your first marriage? Should you treat your children equally? Should you prefer charities or close friends over family?