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United Kingdom testamentary capacityknowledge and approvalundue influence

Edkins v Hopkins

[2016] EWHC 2542 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Chancery Division
Year2016
StatusBinding authority

Key Principle

Even where a testator is in very poor physical health with episodes of confusion and memory lapse, the will is valid if, at the time he gave instructions and executed it, he satisfied the Banks v Goodfellow test for testamentary capacity and knew and approved its contents, the involvement of an experienced solicitor with a careful attendance note being strong evidence of capacity, knowledge and approval.

Area of Law

General

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