Testamentary Capacity – Mental Capacity Ltd

Out of focus woman signing an important document.

Retrospective Testamentary Capacity: Lessons from case law

29 December 202516 November 2025
Mental Capacity in Practice

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).

Writing a Will: Fountain pen atop hand-written note, alongside some purple flowers.

Testamentary Capacity: Making a Will

6 March 202324 February 2023
Mental Capacity in Practice

Testamentary Capacity refers to an individual’s legal mental capacity to create or amend their Will. In cases where there is either a reasonable belief that the individual may lack capacity to complete their Will, or that there may be challenges to the Will in future, it is best practice to request an Independent Mental Capacity Assessment to safeguard the decision.