21 July 2010 – Court of Appeal gives judgment in Perrins v Holland

The Court of Appeal has upheld the principle set out in Parker v Feldgate (1883) LR 8 PD 171 that a will is validly made where the testator gives instructions for the will to his solicitor, loses testamentary capacity, but then signs the will in the knowledge that he is being asked to execute as his will a document drawn up by the solicitor pursuant to his earlier instructions.

Perrins concerned a testator who gave instructions for a will in favour of his partner, excluding his son from a former marriage (the appellant). Penelope Reed QC appeared for the appellant in the Court of Appeal.