The test for testamentary capacity requires not merely that the testator be aware of those who have claims on his bounty, but that the testator have the ability to evaluate and discriminate between the respective strengths of those claims. Evidence from solicitors and barristers who dealt with the testator, while powerful, is not conclusive of capacity where those professionals were not informed of concerns about the testator's mental state. Where suspicious circumstances attend the preparation and execution of a will, the presumption of knowledge and approval is displaced and the propounder must affirmatively establish that the testator knew and approved the contents.
The full text is available to signed-in members, including the 107 later cases that cite this judgment.
13 of the 107 citing cases carry a classified treatment. How each court treated it is available to signed-in members.