Today's Wills and Probate Host David Opie is joined by Birketts' Head of the Private Wealth Dispute Team Bernadette Baker and Partner in the team Kate Harris to discuss the case of Leonard v Leonard; a convoluted and disputed probate case concerning the estate of Jack Leonard and the validity of two separate Wills.

Bernadette leads with a comprehensive outline of the case, including considerations for Jack's blended families, his extensive business interests and in later life, failing health.

Kate picks up the details of the disputes which found the later Will, written in 2015, was not valid due to Jack's lack of testamentary capacity. But the case is important for practitioners for a number of reasons

• This case confirmed Banks v Goodfellow is still the correct test for testamentary capacity and has not been displaced by the Mental Capacity Act 2005
• Importantly the case re-affirms the test for the validity relates to the understanding of the Will being written; not just the concept of writing a Will.
• Long term illnesses WILL impact testamentary capacity; as opposed to shorter, episodic illness

The discussion also explores the impact of technology on this case, with Bernadette acknowledging in all likelihood there was evidence on Jack's phone and email accounts that would have been useful in the case; but the inability to access such information meant the evidence was lost. There is a message here for practitioners around advising clients on the ability of their loved ones to access electronics and accounts (like mobile phones) when they are gone.

A fascinating insight into the ramifications of a case that was widely reported on in the national and industry press from the team who successfully brought the case to the courts.

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