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Perrins v Holland [2009] EWHC 1945 (Ch)

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The testator had testamentary capacity at the time that he gave instructions for the will, but not when he executed it; however, when he executed the will he believed that it gave effect to his previous instructions, it did in fact do so, and the instructions remained his testamentary wishes. Therefore the court pronounced in favour of the will.

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Judgment: 31 July 2009

Hearing dates: 20, 21, 22, 23 July 2009

Before: Lewison J

Mr James Quirke (instructed by Tyndallwoods Solicitors, Birmingham) for the Claimant (the son)

Mr Angus Burden (instructed by Williamson & Soden, Birmingham) for the Third Defendant (the carer who benefited from the will)

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