Summary

The defendants denied the validity of a will on the grounds that the testatrix lacked testamentary capacity. The judge found that the conclusion of the jointly instructed expert as to testamentary capacity was inadequately reasoned and evidenced.

Learning points

Learning points for experts

• An inadequately reasoned and evidenced opinion is unlikely to be of much assistance to the court.

• You should raise with the instructing party or parties any concerns you have with your instructions, such as whether the opinion sought by instructions would include matters beyond the permitted scope for expert evidence or if the instructions limit your ability to provide an opinion that will be helpful to the court.

Learning points for experts

• Take care to select an expert who has the qualifications, experience and expertise anticipated in the order giving permission for the expert evidence.

• Ensure that your instructions are within the scope of the permitted expert evidence.

• Make sure that you have furnished the expert with all the documents they need to form their opinion.

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