A Cautionary Tale about Establishing a Testator’s Capacity
This month we will consider a recent Court of Appeal decision which should remind those practicing in Wills and Probate of the importance of following best practices when preparing wills for clients.
The case, Hawes v Burgess [2013] EWCA Civ 74, involved a 2007 will which cut out the testatrix’s son, Peter, and left the estate equally to her two daughters, Libby and Julia.
Consider the following background facts to the case:
1. The deceased, Daphne Burgess, died in 2009, aged 80, having suffered from failing health since 2006.
2. Under an earlier will, her estate (total less than £200,000) had been left equally to her son and two daughters.