The Court held that the deceased's will dated 17 December 2014 should be admitted to probate, finding that despite vascular dementia the deceased had testamentary capacity and knew and approved the contents of that will. The Court found that the first codicil dated 10 July 2014 was procured by undue influence (coercion) by Mr Llewellyn, whose incessant demands overbore the testator's will, and that the interposition of a solicitor in the codicil's preparation did not break the nexus between the coercion and execution. The judgment confirms that cognitive impairment from vascular dementia does not necessarily negate testamentary capacity, but that where interested persons assist a testator suffering dementia in will preparation, close scrutiny of all circumstances is required to establish knowledge and approval.
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