The case of Eva Burn's is a salutary tale of the difficulties in asserting that a will is invalid on the grounds of lack of testamentary capacity.
One of the key points which enabled the Court to find in favour of validity of the Will was the experience of the solicitor who drafted the Will.
The lesson: use an experienced advisor, backed by adequate insurance - like a Solicitor.
'This case should sound warning bells for those who wish to argue that there is a lack of capacity or that there is want of knowledge and approval', commented Gwyn Evans of law firm Tanfield Chambers. 'Despite the documented decline in the deceased's mental health, the claimant was still able to demonstrate, albeit with this “simple and rational” disposition, that the deceased had had capacity to execute the 2005 will.' With a more complex disposition, said Evans, it may be that an appellant would be successful.