The Perils of Dying at the Wrong Time of the Day!

It is usually never a good time to die, but did you know that the exact time of day of your death could have major consequences for who inherits your estate? This is a genuine and very real problem for [married] couples who jointly own property and die in a common accident. The operation of Read More …

“Miss the Boat” and you may need a 1883 case to save the day (Re Perrins, Perrins v Holland [2009])

It is to state the blindingly obvious that a testator must be mentally capable of making a will. The time for satisfying the test of capacity is the time of execution of the will. However, under the principle in Parker v Felgate (1883), it suffices if the testator had capacity at the time when he Read More …

Insane delusions and poisoned affections?

Re Ritchie,Ritchie v Joslin [2009] The classic test for Testamentary Capacity was establish back in 1870 and has stood the test of time ever since! The principles laid down in Banks v Goodfellow [1870-71] state that the Testator (the deceased who made the Will): Must understand the nature of the act of making a Will Read More …