Parker v Felgate
A will is valid if the testator had capacity when giving instructions to a solicitor, and at execution understood that she was executing a will prepared in accordance with those instructions, even if she could no longer understand each clause.
Facts
The testatrix gave instructions to her solicitor for a new will while she had full capacity. Before the will was executed, she became seriously ill and fell into a coma. She was roused sufficiently to execute the will, but by then it was doubtful whether she could understand its provisions in detail. Her relatives challenged the will.
Legal principle
Sir James Hannen P directed the jury that the will was valid if she had testamentary capacity when she gave the instructions, the will was prepared in accordance with those instructions, and at the time of execution she was capable of understanding, and did understand, that she was executing a will for which she had given instructions, even if she could not remember the instructions or understand each clause if it had been put to her. The jury upheld the will. The rule in Parker v Felgate applies where a testator's capacity declines between instructions and execution.
Related cases on testamentary capacity, knowledge and approval
- Banks v Goodfellow (1870) LR 5 QB 549
- Barry v Butlin (1838) 2 Moo PC 480
- Gill v Woodall [2010] EWCA Civ 1430, [2011] Ch 380
- In the Estate of Fuld (No 3) [1968] P 675
- Key v Key [2010] EWHC 408 (Ch), [2010] 1 WLR 2020
- Simon v Byford [2014] EWCA Civ 280
- Walker v Badmin [2014] EWHC 71 (Ch)
- Wintle v Nye [1959] 1 WLR 284
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