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ARTICLE · 02 MAY 2018

Testamentary Capacity: An Update

Wright Hassall
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Commentary on Sam's proprietary estoppel claim will follow in the second of this two part series.

United KingdomFamily and Matrimonial
Katie Alsop
Katie Alsop

The High Court recently considered testamentary capacity in Raymond Allen James v. Karen James & others [2018] EWHC 43 (Ch).

Charles James died on 27 August 2012 leaving a Will dated 16 September 2010. He had a wife (Sandra), a son (Sam) and two daughters (Karen and Serena). No provision was made for Sam in Charles' will and he therefore brought two claims in relation to Charles' estate:

  1. A proprietary estoppel claim; and
  2. A claim that Charles' will was invalid because he did not have the requisite testamentary capacity when he signed it.

Commentary on Sam's proprietary estoppel claim will follow in the second of this two part series.

Key events

The key sequence of events of the matter was as follows:

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