# New Court decision on legacies and mental illness

- Link: https://fundraising.co.uk/2004/03/24/new-court-decision-legacies-and-mental-illness/
- Published: 2004-03-24T00:00:00+00:00
- Author: Howard Lake

A recent court case in which the validity of a Will made by an elderly testatrix
was considered could affect charitable legacies.
Sinclair Taylor & Martin, the Charity
Team

at Solicitors Russell-Cooke have reported on

the recent case of Hoff v Atherton (2004) in which the Court had to consider the
validity of a Will made by an elderly testatrix who was suffering from mild to moderate
Alzheimer-type dementia when she made the Will.

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The Court decided that the Will was valid in that, on the balance of probabilities,
she was capable of understanding the nature of a Will and was giving the residue
to the Defendant.

Sinclair Taylor & Martin commented in their latest newsletter that, as a result 
of this decision, “charity staff dealing with legacies should be aware that where
there is a history of mental illness, there is no presumption of competence and 
it will be for those persons seeking to rely on the Will to prove the testator’s
capacity.”

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