Singellos v Singellos (2010) EWHC 2353 (Ch): Difference between revisions
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The approach in Parker v Felgate ( | ''(1) The approach in [[Parker v Felgate (1883) 8 PD 171]] (that if a testator gives instructions when he has capacity, the will stands good even though at the time of execution he only understands that he is executing the will which he has instructed) applies also to dispositions ''inter vivos''. (2) Mrs Singellos had the necessary capacity when she gave instructions to her accountant, but when she signed the multiple documents involved she only understood that she was giving effect to her instructions: the documents were declared to be validly executed.'' | ||
==Other== | |||
Judgment: 29/9/2010 | |||
Hearing dates: 19, 20, 21, 22 and 23 April, 7 and 8 June 2010 | |||
Before: Andrew Simmonds QC (sitting as a Deputy Judge of the High Court) | |||
Mr Ulick Staunton (instructed by Hunters) for the Claimant | |||
Miss Elizabeth Weaver (instructed by Fladgate LLP) for the Defendant | |||
==Related judgment== | |||
[[Perrins v Holland (2010) EWCA Civ 840]] | |||
==External link== | ==External link== | ||
[ | {{#bailii:[2010] EWHC 2353 (Ch)}} | ||
[[Category:Other capacity cases]] | [[Category:Other capacity cases]] | ||
[[Category: | [[Category:Brief summary]] | ||
[[Category:Transcript]] | [[Category:Transcript]] | ||
[[Category:2010 cases]] | [[Category:2010 cases]] | ||
Latest revision as of 10:39, 25 April 2021
(1) The approach in Parker v Felgate (1883) 8 PD 171 (that if a testator gives instructions when he has capacity, the will stands good even though at the time of execution he only understands that he is executing the will which he has instructed) applies also to dispositions inter vivos. (2) Mrs Singellos had the necessary capacity when she gave instructions to her accountant, but when she signed the multiple documents involved she only understood that she was giving effect to her instructions: the documents were declared to be validly executed.
Other
Judgment: 29/9/2010
Hearing dates: 19, 20, 21, 22 and 23 April, 7 and 8 June 2010
Before: Andrew Simmonds QC (sitting as a Deputy Judge of the High Court)
Mr Ulick Staunton (instructed by Hunters) for the Claimant
Miss Elizabeth Weaver (instructed by Fladgate LLP) for the Defendant
Related judgment
Perrins v Holland [2010] EWCA Civ 840