leonard v Leonard (2024)
🔍 Behind the Will: Leonard v Leonard [2024] EWHC 321 (Ch) – Capacity, Knowledge & Approval
This week’s Behind the Will explores Leonard v Leonard [2024] EWHC 321 (Ch), a significant High Court decision that revisits two core principles of will validity — testamentary capacity and knowledge and approval. It serves as a clear reminder of the duties owed by practitioners when taking instructions from elderly or vulnerable clients.
⚖️ Case of the Week: Leonard v Leonard [2024] EWHC 321 (Ch) – Did the Testator Understand His Will?
Dr Jack Leonard made a new will in 2015 at the age of 83, substantially altering an earlier 2007 version. The new will favoured his second wife and her children, reducing the share of his children from his first marriage.
Those children challenged the will, arguing that Dr Leonard lacked testamentary capacity and did not truly understand or approve of its contents.
Mrs Justice Joanna Smith agreed. Applying the Banks v Goodfellow test, she held that Dr Leonard’s cognitive decline meant he did not meet the required standard of understanding. Moreover, the evidence showed that he had not properly appreciated the contents or consequences of the 2015 will — particularly given the involvement of his wife in the drafting process.
As a result, the 2015 will was declared invalid, and the earlier 2007 will was admitted to probate instead.
🔑 Key Takeaways:
1. Capacity Is More Than a Formality:
The Banks v Goodfellow test remains the benchmark. Testators must understand the specific provisions of their will, not just the general idea of making one.
2. Knowledge and Approval Must Be Proved:
Where a testator is elderly or unwell, it is not enough to show that they signed the will — practitioners must be satisfied they truly understood it.
3. The “Golden Rule” Matters:
If a client is old or ill, obtaining a medical opinion on capacity can prevent disputes later. In Leonard, the failure to follow this good practice was heavily criticised.
4. Record Everything:
Clear attendance notes, independent meetings, and confirmation of instructions can make the difference between a valid will and a costly challenge.
đź’¬ Practical Tip for Practitioners:
When taking instructions from an elderly or vulnerable testator, pause to ask — “Would my notes and process withstand judicial scrutiny if this will were ever challenged?”
A few extra steps now can save families (and solicitors) years of litigation later.
Cases like Leonard v Leonard remind us that proper procedure and professional vigilance protect not only clients, but also the integrity of their final wishes.
Stay tuned for next week’s Behind the Will post, where we’ll examine another key decision shaping modern inheritance law.
