Withers Worldwide

John Ross Martyn of New Square Chambers appeared for the defendant daughters in this recently decided probate claim.

The claimants were their two brothers. The daughters benefitted from a will executed by their father a week after their mother's death. The sons were excluded and they challenged the will on the grounds of want of testamentary capacity and want of knowledge and approval.

The decision of Mr Justice Briggs contains criticism of the solicitor for accepting instructions for a will from an 89 year old testator without taking proper steps to be satisfied as to testamentary capacity i.e. non compliance with the ‘Golden Rule'.

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