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United Kingdom testamentary capacityknowledge and approvalburden of proof

Couwenbergh v Valkova

[2008] EWHC 2451 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Chancery Division
Year2008
StatusBinding authority

Key Principle

Where a will is duly executed and rational on its face the court presumes capacity, but once credible evidence raises a real doubt as to the testator's mental capacity the evidential burden shifts to the propounder to prove capacity affirmatively, and a will executed during moderate to severe dementia will be refused probate where that burden is not discharged.

Area of Law

General

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