The English High Court, in the case of Greaves v Stolkin, upheld
a disputed professionally drafted Codicil.
In this case, the late Mr Stolkin left a Will dated 3 December
2001 by which his entire estate was gifted to his son Gary, and
failing that to his son Mark.
Shortly before his death, Mr Stolkin's lawyer attended upon
him in hospital to execute a Codicil. The Codicil provided certain
gifts to his partner, Mrs Greaves.
Mr Stolkin's son Gary disputed the Codicil on two grounds. The
first ground that his father lacked testamentary capacity and the
second, want of knowledge of approval of the Codicil's
terms.
The Court held that the Codicil was valid. In considering the
evidence available, the attendance note, prepared by the lawyer,
assisted the Court reaching the conclusion that the late Mr Stolkin
did have testamentary capacity and understood and approved the
document which he signed.
The judge noted that the Court should be reluctant to allow mental
capacity or want of knowledge and approval to be used as the basis
for challenging a Will which has been drafted by an experienced and
independent lawyer, and is a further reminder of the benefits of
obtaining professional advice.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
