A solicitor's opinion that a testator had testamentary capacity carries limited weight where the solicitor failed to make adequate inquiries, particularly where the solicitor did not ask the testator to explain the reasons for a significant change in testamentary dispositions, did not verify the accuracy of the testator's statements about assets, and did not seek medical input despite recognising 'alarm bells' about the testator's capacity. Vascular dementia does not necessarily deprive a testator of testamentary capacity, but progressive cognitive decline combined with physical illness and the onset of infection may render the testator incapable at a particular point in time even if capacity existed months earlier.
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