Re DMM [2018] WTLR 1263

WTLR Issue: Winter 2018 #170

In the matter of: IN THE MATTER OF DMM

EJ

V

1. SD

2. DMM (by his litigations friend, the Official Solicitor)

Analysis

DMM suffered from Alzeimer’s Disease. He wanted to marry his long term partner SD. EJ, one of DMM’s three daughters, brought an application for a declaration as to whether DMM had capacity to marry.

Held:

  1. 1) The fact that a new marriage revokes a will was information a person should be able to understand, retain use and weight to have capacity to marry.
  2. 2) Expert evidence had been produced concluding that DMM Had capacity to marry because he did understand his will would be revoked and the financial position of his three daughters would be affected by that and his marriage.
  3. 3) DMM had capacity to marry.
JUDGMENT HHJ MARSTON: [1] I heard this case on 2nd October 2017, the parties were the applicant EJ, who is one of three daughters of the second respondent DMM, who in turn wants to marry his long time partner SO, the first respondent. The issue in the case is does DMM, who it is accepted …

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Counsel Details

Alex Troup (Counsel) (St John’s Chambers, 101 Victoria Street, Bristol BS1 6PU, tel 0117 923 4700, e-mail clerks@stjohnschambers.co.uk) and Kerry Morgan-Gould (Solicitor) (Ashfords LLP, 1 New Fetter Lane, London EC4A 1AN, tel 0207 544 2424, e-mail website@asfords.co.uk) for the applicant.

Abigail Bond (Counsel) (St John’s Chambers, 101 Victoria Street, Bristol BS1 6PU, tel 0117 923 4700, e-mail clerks@stjohnschambers.co.uk) and Holly Mieville-Hawkins (Solicitor) (Enable Law, 100 Victoria Street, Bristol BS1 6HZ, tel 03303 116982, e-mail holly.mieville-hawkins@enablelaw.com) for the first respondent.

Fenella Morris QC (Counsel) (39 Essex Chambers, 81 Chancery Lane, London WC2A 1DD, tel 0207 832 1111, e-mail fenella.morris@39essex.com) and Jess Flanagan (Solicitor) (Clarke Willmott, 1 Georges Square, Bath Street, Bristol BS1 6BA, tel 0345 209 1160, e-mail jess.flanagan@clarkewillmott.com) for the second respondent.

Legislation Referenced

  • Mental Capacity Act