An elderly widow died in 1990. By her will in 1981 she made bequests to 2 sisters and left the residue to her 2 daughters. By codicil in 1985 she increased the 2 bequests to the sisters. She was depressed and a committee had been appointed in 1970 over her affairs. A summary trial was brought.
The case distinguishes progressive, deteriorating conditions from intermittent, temporary conditions. In this case the condition was intermittent. In 1981 she went to a solicitor’s office and gave clear instructions. The same was true for the 1985 codicil.