succession 1 key cases

Focus is on the contents of the will -schizophrenic

O’Donnell v O’Donnell

Testator had good days and bad days - insufficient evidence to rebut presumption of capacity

Blackhall v Blackhall

Test for Capacity case

Banks v Goodfellow

What is the test for capacity?

So the testator must:

1. Understand the nature of a will and its effect,

2. Understand the extent of his property, and

3. Comprehend and appreciate the claims to which he ought to give effect

The Rule in Parker v Felgate:

If the testator is competent in giving instructions to draw up his will and the will is drawn up in accordance with these instructions, then the will is valid even if they are no longer competent at the time of execution.

Why must the solicitor act as soon as he receives instructions?

White v Jones – if testator dies in the mean time, the solicitor may be liable

Case concerning the contents of the house - no ambiguity on the face of the will

O’Connell v Bank of Ireland

Very Slight affirmative evidence will rebut the presumption that an alteration was made after execution

In the goods of Duffy

Directed signature is ok

In the Goods of Clarke

Assisted signature for the witness is ok

Bell v Hughes

What happens if the solicitor has a charging clause and then witnesses the will

Re Pooley - clause will fail

Instruction to tear up will shall not suffice

In the Estate of De Kremer

Intention to revoke

Cheese v Lovejoy - “All the destroying in the world without intention will not revoke a will, nor will all the intention in the world without destroying”

Beneficiary has married a witness after attestation

Thorpe v Bestwick

Latent ambiguity - two beneficiaries same name

Re Jackson

Negligence of a solicitor, you can recover what you would have received

Wall v Hegarty and Callnan

Pencil markings may not be indicative of final intention

In B Adams

Written on an eggshell

In the Goods of Barnes

“All is for Mother”

Thorn v Dickens

Money left to Catholic Seamans institute despite evidence to show she intended to give to Protestant

Re Julian

Testator had suffered a stroke between instructions and execution. Evidence showed that he understood what was involved

Re Glynn

Line of Sight rule

Casson v Dade

Signed by the testator “your loving mother”

In the goods of Cooke

Executor thought he had to sign, court found he was signing in another capacity and he was allowed to keep his gift

Re Parker