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232 The golden rule

| Commentary

The so-called golden rule was stated in a series of cases starting with Kenward v Adams1. It represents guidance which solicitors should aim to follow in cases where there may later be questions as to capacity. In that case Templeman J stated that,

‘... in the case of an aged testator or a testator who has suffered a serious illness, there is one golden rule which should always be observed, however straightforward matters may appear, and however difficult or tactless it may be to suggest that precautions be taken: The making of a will by such a testator ought to be witnessed or approved by a medical practitioner who satisfies himself of the capacity and understanding

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