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Using case law to nullify will?

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  • Pacemaker100
    started a topic Using case law to nullify will?

    Using case law to nullify will?

    Past Case law saying will overturned on grounds of lack of approval and knowledge due to specific brain diagnosis
    have exactly same diagnosis so how likely is this to succeed?
    Tags: None

  • Pacemaker100
    replied
    Originally posted by atticus View Post
    Is the precedent being cited fully appropriate to the facts of your case? Notwithstanding the diagnosis there may be reasons to distinguish it.

    If your case is on all fours with the one that has been cited, and if that case is binding precedent, then the court will have to follow it.
    apart from identical brain diagnosis resulting from CT scans there are the following similarities that the judge commented excited the interest of the court to make the defendant responsible for disproving the doctors expert evidence
    defendant wrote the Will notes and made all arrangements with solicitor therefore instrumental in its creation
    told lies to discredit legitimate family members
    isolated testator and made them reliant on them
    made themselves sole beneficiary

    probably more similarities

    Leave a comment:


  • Pacemaker100
    replied
    Id say the two cases are 90% the same

    Leave a comment:


  • atticus
    replied
    Is the precedent being cited fully appropriate to the facts of your case? Notwithstanding the diagnosis there may be reasons to distinguish it.

    If your case is on all fours with the one that has been cited, and if that case is binding precedent, then the court will have to follow it.

    Leave a comment:

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