Deceased had testamentary capacity when she executed her will

Probate – application by executors to admit will to proof in common form - testamentary capacity of the deceased - death certificate refers to “advanced dementia” and “cognitive impairment” - died almost 6 years following the date of making her will and 3 and a half years from the registration of an enduring power of attorney – evidence surrounding the making of the will – solicitor made a detailed affidavit - not concerned about the deceased’s testamentary capacity - he never received any indication from the nursing home that he should be concerned - 17 months after executing her will the solicitor was contacted due to concerns at the deterioration of the deceased – solicitor attended and noted a marked deterioration in the deceased’s mental condition and her physical condition – enduring power of attorney registered - clear that at that time the deceased was unable to manage her affairs and this was the reason for the registration of her enduring power of attorney - probate office prudently requested an affidavit of testamentary capacity from a doctor treating the deceased at the time she made her will in July 2012 - medical evidence available shows that the deceased probably had a stroke in June 2012 although this was not confirmed or communicated at that time - scored quite poorly at a rate of 3/10 on a cognitive assessment test that was carried out on 11 July 2012 which was only one week post executing her will – GP stated that she noticed that the deceased’s mental state could alter, due to a depressive illness she suffered from - deceased’s GP nor the deceased’s consultant in old age psychiatry could provide an affidavit - diagnosis of vascular cognitive impairment and depression was made on 11 May 2010 – had dementia at time of the execution of the will – contemporary notes refer to confusion – evidence of depression - letters of consent to this application from all beneficiaries who would have benefited under the 2008 Will but do not benefit under the 2012 - applicable legal principles to the question of testamentary capacity - testator must understand that she is executing a will and that this document will dispose of her estate on death - clear that the deceased intended to discuss her legal affairs with her long-standing solicitor - court is satisfied from the affidavits that there is evidence the deceased understood she was executing a will and that it would direct how her estate would be administered on her death - testator must know the nature and extent of her estate - evidence that she reviewed her bank statements and requested that larger print versions be made available for her to facilitate this task - testator must be able to call to mind the persons who might be expected to benefit from her estate and decide whether or not to benefit them - deceased had testamentary capacity – will admitted to probate –