Smyth v Rafferty and others

Will – Validity. Court of Session: In an action which concerned a testatrix who made a will in 2008 leaving most of her estate to her younger sister, but less than two weeks before her death from cancer in May 2010 executed a codicil and a new will which left a preferential legacy of £3m to the trustees of her liferent trust and reduced the legacy to the sister substantially, the court concluded that the sister's claim seeking reduction of the codicil and the new will on the grounds of (i) lack of testamentary capacity, (ii) undue influence and/or (iii) facility and circumvention failed.

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