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The High Court has pronounced for the force and validity of a 2011 Will, allowing the residuary legatee to extract a grant of probate, despite concerns raised about the testator's cognitive impairment at the time of the will's execution. The court found that the testator had testamentary capacity in June 2011, based on the evidence presented, including the testimony of the solicitor who prepared the will. The court's decision affirms the testator's intentions as expressed in the will, which was found to be rational and duly executed.
testamentary capacity, cognitive impairment, dementia, will execution, probate, residuary legatee, enduring power of attorney, medical evidence, testamentary disposition, Succession Act 1965, Banks v. Goodfellow, testamentary document, solicitor's affidavit, golden rule, medical practitioner, sound disposing mind.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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