Tociapski v Tociapski [2013] WTLR 1821

Wills: One step, two step…

Araba Taylor examines Re Butcher [2015], a case that puts the principles of Gill v Woodall into practice ‘The single test comes into its own where the court has enough facts, expert opinions and other evidence to enable it to make findings as to how the will was prepared and/or executed.’ Before the CA decision …

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Testamentary Capacity: Banking on Banks v Goodfellow

Walker v Badmin has clarified the correct test for testamentary capacity. Araba Taylor explains ‘The clarity offered by the Walker judgment is very welcome, given the conflict between earlier first instance decisions and what the judge described as the “rather ambivalent view” in the textbooks.’ It is now settled: the test for testamentary capacity in …

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Wills: Challenging the validity of a will

Siân Hodgson discusses the tactics employed in Tociapski v Tociapski ‘Tociapski v Tociapski may act as a warning to potential defendants who may be considering whether or not to actively take part in proceedings.’ Following a person’s death, there may be a dispute about whether that person’s last will is valid. Relatives or close friends …

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