It seems to me that the judgment in Key v Key [2010] EWHC 408 Ch is open to criticism, because the judge did not apparently consider it in any way significant, or even relevant, that the testator’s experienced solicitor (whatever else his shortcomings) believed that the testator had capacity.

It is therefore interesting to read in paragraph 68 of the judgment in Thorpe v Fellowes Solicitors [2011] EWHC 61 [QB]) that the opinion of the consultant neurologist in that case was that ‘the solicitor did not feel that there were any issues with [the claimant’s] capacity.

'This to me means that she probably did have capacity…’

It is nice to know that the medical profession seem to have confidence in our common sense and judgement, even if the judges do not.

Neil McCormick, Frome, Somerset