DMM, Re (Alzheimer's : power of attorney)

DMM, Re (Alzheimer's : power of attorney)

The legal test for capacity to marry includes the requirement that a person must be able to understand, retain, use and weigh information that marriage will automatically revoke their existing will. Failure to understand this certain consequence means the person lacks capacity to marry.

Parties
Applicant: EJ; First Respondent: SD
Jurisdiction
England and Wales
Judgment Date
26 July 2017
Procedural Posture
Court of Protection / Preliminary Issue Hearing
Outcome
Determination of preliminary issue: The legal test for capacity to marry includes understanding that marriage will revoke an existing will.
Legal Topics
Capacity to Marry, Effect of Marriage on Will, Testamentary Capacity
Mental Capacity Family Law Capacity to Marry Effect of Marriage on Will Testamentary Capacity

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Parties

EJ

Applicant

SD

First Respondent

Procedural Posture

Court of Protection / Preliminary Issue Hearing

Legal Issues

  1. 1 Does the legal test for capacity to marry include understanding, retaining, using and weighing information as to the reasonably foreseeable financial consequences of marriage, including that marriage would automatically revoke the person's will?

Ratio Decidendi

The legal test for capacity to marry includes the requirement that a person must be able to understand, retain, use and weigh information that marriage will automatically revoke their existing will. Failure to understand this certain consequence means the person lacks capacity to marry.

Court Disposition

Determination of preliminary issue: The legal test for capacity to marry includes understanding that marriage will revoke an existing will.

Orders

  • SD's undertaking to refrain from marrying DMM remains in force until further order.