“…will which has been drafted by an experienced independent lawyer should only be set aside on the clearest evidence of lack of mental capacity - Hawes v Burgess [2013] EWCA Civ 74; (ii) misdirected himself in law when he concluded that making the 2016 Will was a “more complex transaction”, testamentary capacity being relevant to the maki…”
“…a will that has been drafted by an experienced independent lawyer should only be set aside on the clearest evidence of lack of mental capacity: Hawes v Burgess [2013] EWCA Civ 74. She submits that the judge was wrong to ignore the presumption and there was no clear evidence of a lack of mental capacity and therefore, his finding was not…”