Retrospective Testamentary Capacity – Parfitt v Jones [2025] EWHC 1552
Retrospective Testamentary Capacity: What Parfitt v Jones Means for Wills
When someone makes a will, they must have “testamentary capacity”; the mental ability to understand what they are doing. But what happens if, after their death, family members argue about whether they really had that capacity at the time?
The High Court case of Parfitt v Jones EWHC 1552 gives important answers.
What Was the Case About?
A person made a new will late in life. After their death, some relatives challenged the will, saying the person did not have the mental capacity to make it.
There was no medical assessment done at the time of signing, and the solicitor’s notes were brief. Family and carers gave mixed accounts about the person’s memory and understanding.
The court had to decide: looking back (“retrospectively”), was there enough evidence to prove the person had capacity when they signed the will?
What Legal Test Did the Court Use?
The judge confirmed that the old test from Banks v Goodfellow still applies. This means, to have capacity, a person must:
- Understand what a will is and what it does;
- Know roughly what property they have;
- Understand who might expect to benefit (like family), and
- Not be affected by a mental disorder that distorts their decisions.
The newer Mental Capacity Act 2005 is helpful for evidence, but does not replace this test for wills.
How Does the Court Decide If Someone Had Capacity?
The court looks at all available evidence, especially:
- Notes from the solicitor or professional who prepared the will (detailed notes are best);
- Observations from people who saw the person around the time of signing;
- Medical records close to the date of the will; and
- Whether the will “makes sense” given the person’s past wishes and relationships.
No single piece of evidence is enough on its own. The court pieces together a “mosaic” from everything available.
What Did the Court Decide in This Case?
The relatives challenging the will raised real doubts about capacity, mainly because of signs of memory problems and poor professional records. However, those supporting the will managed to prove, on balance, that the person did have capacity at the time. The will was therefore upheld.
What Does This Mean for You?
A diagnosis like dementia does not automatically mean someone cannot make a will. What matters is their understanding at the exact time they sign. Good paperwork is crucial. If you are making a will for someone who may be vulnerable, detailed notes and (if in doubt) a doctor’s opinion can prevent future disputes.
Timing is everything. Evidence closest to when the will was signed is most important. A logical, consistent will helps. If changes are made, it is wise to record why. If there’s a real doubt about capacity, those supporting the will must prove it was valid.
Why Is This Case Important?
Parfitt v Jones clarifies that:
- The traditional test for capacity still rules;
- Courts can and do look back at all sorts of evidence if there’s a dispute;
- Professional involvement helps but only if records are thorough; and
- Even with memory problems, someone may have “lucid intervals” where they can make a valid will.
If you have any queries regarding Challenging the Validity of Wills on the basis the Deceased lacked capacity – please do not hesitate to make contact with us, where one of our contested estates specialists will have an initial, no cost consultation with you to help provide you with peace of mind.
Please contact our Dispute Resolution team below or call us on 01702 338338.
