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testamentary capacityknowledge and approval
Gardiner v Tabet
[2021] EWHC 563 (Ch)
Key Principle
Where a home-made will is propounded, the court determines due execution, testamentary capacity and knowledge and approval on all the evidence, with capacity being ultimately a question for the court assisted by (but not bound by) expert opinion, and a will that accords with the testator's long-held intentions may be upheld despite mental illness.
Area of Law
General
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