The Court of Appeal has recently upheld an 1833 case in respect of testamentary capacity.
In the case before the Court, an individual had made a will 17 months prior to that will being executed. The Judge found that the testator lacked capacity when his will was executed but not when he gave instructions for the will.
In the circumstances, the will was upheld applying the long standing rule that the legal requirement was due execution of a will that the Courts were satisfied expressed the wishes of the testator at the time when he did have testamentary capacity and for which clear instructions had been given previously.
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