Wills & Trusts Law Reports | Winter 2021 #185The claimant was the daughter of the deceased. The deceased had made a will dated 15 September 2017 of which the residuary beneficiary was D1, a friend of the deceased. A letter of intent stated that the claimant was not to benefit. The claimant, relying on medical evidence which included a poor score in a cognitive impairment screening test and a letter from the deceased’s GP opining that the deceased had likely suffered from dementia for a number of years before executing the 2017 will, challenged the 2017 will on the basis of a lack of testamentary capacity due to memory issues, and D...
Harry Lambert looks at the powers and duties of civil courts in sexual abuse cases when an unrepresented defendant wishes to cross-examine the complainant in person ‘Victims frequently have rich psychiatric histories and brittle vulnerabilities. Equally often they will be prone, if not to permanent harm, at least to relapse under the stress of being …
Continue reading "Cross-Examination: The undesired desirable solution"
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