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United Kingdom testamentary capacityknowledge and approval

Gardiner v Tabet

[2021] EWHC 563 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court (Chancery Division)
Year2021
StatusPersuasive authority

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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