Jurisdiction(s):
United Kingdom

Will revocation by authorised tearing; solicitor’s capacity evidence can trump untested joint single expert; Golden Rule and CPR 35: Crew v Oakley [2024] EWHC 2847 (Ch), England and Wales

Published on: 17 March 2025

Published by a LexisNexis Private Client expert

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Article summary

Crew v Oakley [2024] EWHC 2847 (Ch) What are the practical implications of this case?

There are four key takeaways from this judgment. First, where Wills of frail, older testators are concerned, particularly amid capacity questions and familial discord, it is paramount that a senior private client solicitor is engaged. Second, and linked to that, strict adherence to the Golden Rule is crucial: secure a contemporaneous medical evaluation of the testator’s capacity and produce a comprehensive attendance note charting the Will‑making steps. The court further observed that, where appropriate, solicitors might record their attendance by video or another electronic means (subject to consent and privacy considerations). Third, difficulties about the weight and reliability of a solicitor’s testimony can arise if they are a partner at the firm acting for a party who stands to benefit from that evidence. Although the court accepted that the solicitor’s account aligned with her primary duty to the court and was impartial, this is a point too often appreciated only when it is late in the day. In this matter, the court accepted the submission that the solicitor’s detailed attendance note recording the Will‑making process was accepted by the court as submitted in this case...

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