Withers Worldwide

Michael Waterworth of 10 Old Square represented the Claimants, the deceased testatrix's grandchildren, in challenging a Will under which their aunt, the Defendant, was the primary beneficiary. The Will, made less than 6 months prior to the Testatrix's death at the age of 82, was challenged on grounds of capacity, want of knowledge and approval, and undue influence. The testatrix had been diagnosed with the onset of Alzheimer's, and the judgment includes a consideration of whether to assess capacity under common law principles or the Mental Capacity Act, and the relevance of the ‘golden rule'

Michael will discuss the background to the decision, any interesting points of law and practice, and factors which influenced the court in reaching its decision.