Perrins v Holland & Ors

Perrins v Holland & Ors

The appeal is dismissed because Parker v Felgate is good law; the testator had capacity when giving instructions, the will reflected those instructions, and at execution he intended to give effect to them. Knowledge and approval does not require full testamentary capacity at execution if the above conditions are met.

Parties
Appellant: David Robert Perrins; Respondent: Richard Philip Holland; Respondent: Sharon Ruth Moore; Respondent: Anne Dooney
Jurisdiction
England and Wales
Judgment Date
21 July 2010
Procedural Posture
Probate Appeal / Appeal From High Court Judgment Pronouncing in Favour of a Will
Outcome
Appeal dismissed
Legal Topics
Testamentary Capacity, Knowledge and Approval, Validity of Wills, Application of Parker V Felgate
Succession Probate Wills Testamentary Capacity Knowledge and Approval Validity of Wills Application of Parker V Felgate

Case Brief

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Parties

David Robert Perrins

Appellant

Richard Philip Holland

Respondent

Sharon Ruth Moore

Respondent

Anne Dooney

Respondent

Procedural Posture

Probate Appeal / Appeal From High Court Judgment Pronouncing in Favour of a Will

Legal Issues

  1. 1 Whether Parker v Felgate is a correct statement of law and should be followed
  2. 2 Whether the testator's will was valid despite lack of testamentary capacity at execution
  3. 3 Whether the testator knew and approved the contents of the will at execution

Ratio Decidendi

The appeal is dismissed because Parker v Felgate is good law; the testator had capacity when giving instructions, the will reflected those instructions, and at execution he intended to give effect to them. Knowledge and approval does not require full testamentary capacity at execution if the above conditions are met.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed on all grounds relating to validity of the will
  • Costs order to be considered separately; parties urged to avoid further costs as the estate is depleted