- Will set aside despite solicitor following ‘Golden Rule’ and subsequent expert report suggesting capacity (Hughes v Pritchard)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: Following a ‘hybrid trial’ conducted in person and remotely, the High Court has set aside the 2016 Will of Evan Hughes on the ground of lack of testamentary capacity despite the presence of a contemporaneous positive capacity assessment by the deceased’s GP and subsequent joint expert opinion suggesting the deceased had capacity. The court also accepted that a proprietary estoppel had arisen such that it ordered farmland to be transferred to the estate of the deceased’s son, Elfed Hughes. Elfed had predeceased Evan, so that claim was pursued on behalf of his estate by his widow and son. Written by Roman Kubiak, partner and head of contested wills, trusts and estates at Hugh James.
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