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Testamentary capacity – a review

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One CPD hour

lesliesamuels (* NEW *)

Leslie Samuels

He sits as a Deputy District Judge in the Principal Registry of the Family Division in London. He is one of the leading juniors in London and across the Western Circuit.

Inheritance Team:

He advises and represents litigants in a wide range of probate related claims and property disputes including challenges to the validity of wills, claims under the Trusts of Land and Appointment of Trustees Act and by way of equitable Estoppel, and also claims under the Inheritance (Provision for Family and Dependants) Act 1975.

Appointments and Memberships

  • Deputy District Judge Principal Registry of the Family Division (2003) Accredited Mediator (ADR Group) (2005)
  • Member of the Western Circuit FLBA Committee Member (from 2010)

Overseas Appointments

  • M.A. (Criminology) University of Toronto University of Toronto: Connaught Scholarship.
  • Open Fellowship Qualifications MA (Law) Cambridge University MA (Criminology)
  • University of Toronto
  • Called to the Bar 1989 (Gray's Inn)

Cases and Publications

  • Re P (Adoption: Breach of Care Plan), [2004] EWCA Civ 355 [2004] 2 FLR 1109
  • A v B (Financial Relief: Agreements) [2005] EWHC 314 (Fam) [2005] 2 FLR 730
  • Southampton City College v. Randall [2006] IRLR 18 Re D [2006] 2 FLR 1053
  • R (L) v Nottinghamshire County Council [2007] EWHC 2364 (Admin)
  • Cave v Portsmouth City Council [2008] All ER (D) 313 (May)
  • Re S and C (Children) [2008] EWCA Civ 658 R
  • (EW and BW) v Nottinghamshire County Council [2009] EWHC 915 (Admin) [2009] 2 FLR 974
  • Re C (A Child) [2010] EWCA Civ 89.

Testamentary capacity – a review

  • Modern medicine & Banks v Goodfellow
  • The concept extended by Key
  • Alcoholic testator Bishop
  • Poisoned affections Ritchie
  • Burden of proof
  • Capacity for revocation

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