Lesley Anderson QC and Matthew Hall were successful in the Court of Appeal in Fitzgerald v Henerty and others [2016] EWCA Civ 701 which concerned knowledge and approval by the deceased of his death bed will which made no provision for his adult daughters and provided that a company in which he held shares should have an option to buy those shares. The deceased’s estranged wife and daughters had also failed at a lengthy trial before HHJ Pelling QC to establish that the deceased lacked the necessary capacity to make his will.
