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Capacity: Quality of evidence
Williams v Wilmot indicates key factors the court will take into account when considering lack of capacity. Sharon Kenchington explains ‘A token medical report from a doctor who has only met the deceased in order to produce a report on their capacity is unlikely to be persuasive if there is detailed evidence to the contrary …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Banks v Goodfellow (1869-70) LR 5 QB 549
- Fulton v Andrew (1875) LR 7 HL 448
- Williams v Wilmot [2012] WTLR 1291