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DAVID ROBERT PERRINS v (1) RICHARD PHILIP HOLLAND (AS EXECUTOR OF THE ESTATE OF ROBERT PERRINS, DECEASED) (2) SHARON RUTH MOORE (AS EXECUTOR OF THE ESTATE OF ROBERT PERRINS, DECEASED) (3) ANNE DOONEY

The principles in Parker v Felgate (1883) LR 8 PD 171 that a testator did not have to have testamentary capacity at the time he executed his will if he understood that he was executing a will for which he had given prior instructions or that he had subsequent knowledge and approval of the will remained correct statements of law.

26 July 2010

The appellant son (P) of the deceased (X) appealed against the pronouncement ((2009) EWHC 1945 (Ch), (2009) WTLR 1387) of a will in favour of the third respondent (D). X had instructed solicitors to make a new will leaving his entire estate to D, who was his carer. The solicitors were informed that there were a few matters with the draft will that were unclear or unsatisfactory, but the matters were not pursued. X executed his will over 17 months after he first gave instructions. Following X's death, P sought to propound an earlier will in his favour. He claimed that X lacked testamentary capacity both when giving initial instructions and when executing the new will, and that X did not know and approve the will's contents at the time of execution. The judge found that X did have testamentary capacity on giving instructions but not at the time of execution. However, he held that pursuant to Parker v Felgate (1883) LR 8 PD 171 PDAD the will was valid as he found that it had been summa...

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