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Retrospective Assessment

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Retrospective Testamentary Capacity: Lessons from case law

Parfitt v Jones [2025] EWHC 1552 is a really interesting case, with some important lessons on the subject of retrospective Testamentary Capacity. For any professional working in this area, it is a must read.

Case summary

The case concerns Mrs Mary Wadge, a widow who passed away in 2018, at the age of 85, leaving a Will (dated 2008 and drawn up with Solicitors) naming one of her daughters, Carolyne, and HSCBC Trust Company UK Ltd as executors. The contents of the Will were challenged by one of her daughters (Vicky) and her son’s widow (Svetlana).  

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Mental Capacity Ltd - Mental Capacity Assessment

Retrospective Mental Capacity Assessments

A standard mental capacity assessment (also known as the two-stage test) is usually carried out for a specific decision at a specific time. It is completed prior to the decision being made if there is either a ‘reasonable belief’ that an individual may lack capacity, or to reduce the risk of someone challenging the person’s capacity to make the decision at some point in the future.

Meanwhile, a retrospective mental capacity assessment refers to a traditional assessment of capacity for a specific decision, but for a decision made historically. Examples might include a Lasting Power of Attorney submission signed and submitted the previous month, or a financial gift made to a family member or friend several years in the past.

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