Will - testatrix lacking testamentary capacity - testatrix believing will to have been prepared in accordance with instructions given when she had capacity - will valid

Clancy v Clancy: ChD (Mr Justice Rimer): 31 July 2003

The claimant, daughter of the testatrix, brought an action seeking the revocation of a grant of probate obtained by the defendant, her brother who was sole executor and beneficiary of their mother's will on the grounds that the testatrix lacked testamentary capacity.

The defendant argued that at the time of execution of the will the testatrix had understood that the document executed carried out instructions given at a time when she did have testamentary capacity.

Ulick Staunton (instructed by Irwin Mitchell) for the claimant; David Rees (instructed by Carlson & Co) for the defendant.

Held, dismissing the claim, that it was enough that a testatrix had a belief that the solicitor had properly carried out her instructions by preparing a will which gave due effect to them, and that when she signed the will she accepted the document as carrying out her instructions; that the testatrix only had to understand that she was engaged in executing a will for which she had given instructions to her solicitor, and did not have to understand the contents of the will at the time she executed it; that since the testatrix had had testamentary capacity when she gave instructions to her solicitor to draft the will, and prior to executing had read a draft and was satisfied that it properly gave effect to her instructions, and since, when the will was put before her for execution she understood that it was the will in respect of which she had given instructions earlier and which she had discussed with her solicitor four days previously, she was signing a will which she believed gave effect to her earlier instructions and the will was therefore validly executed.