A solicitor who takes will instructions by reading back to the testator their prior correspondence and going through the existing will may be found to have prompted rather than tested the testator's capacity, undermining proof of testamentary capacity. Where a testator has a diagnosed progressive cognitive condition, the solicitor should direct attention specifically to testing capacity rather than merely obtaining instructions. Expert medical opinions on retrospective testamentary capacity should be based on full witness statements, not summaries filtered through the instructing solicitor's interpretation.
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