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United Kingdom
testamentary capacityknowledge and approvalburden of proof
Couwenbergh v Valkova
[2008] EWHC 2451 (Ch)
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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