“…Moreover, capacity must be considered in relation to the particular transaction and its nature and complexity: Hoff v Atherton [2004] EWCA Civ 1554 per Peter Gibson LJ at 35.…”
“…In relation to testamentary capacity, Lewison LJ, quoting Peter Gibson LJ in Hoff v Atherton [2004] EWCA Civ 1554, [2005] WTLR 89, made clear that capacity is concerned with the potential to understand. It is not a test of memory or a requirement for actual recollection ([…”
“… is common ground that capacity must be considered in relation to the transaction in question, its nature and complexity. It is issue-specific: Hoff v Atherton [2004] EWCA Civ 1554 at [35] per Peter Gibson LJ. However, as Miss Reed submits, it seems to me that the 2016 Will was no more complex than its predecessor. Save for the creation o…”