Re Estate of Julie Spalding (Deceased)

Will – Testator. The testator, S, promised the claimant, B, that, in return for caring for her, she would will her bungalow to him. In 2004-5, she suffered a significant change in personality and became convinced that B was not to be trusted. She subsequently made wills favouring P, who had cared for her in the last years of her life. She died in September 2008. B commenced proceedings. The Chancery Division held that, for the purpose of the exclusion of B in favour of P, S's paranoid personality disorder and her paraphrenia constituted testamentary incapacity, and hence B's claim would succeed.

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