case studies

Case Studies

Lack of Testamentary Capacity

Will of father left shares of his estate to his four children. One child unhappy at the division of the estate and commenced proceedings to contest the Will on the basis that his father did not have mental capacity to execute the Will in those terms.

    This was a bitterly contested case where we acted for the executors, one of which was also the residuary beneficiary.

The claim brought was lacking in evidence but we had to demonstrate that to the court.

Evidence was produced from the solicitor who prepared the Will, the solicitor's file of papers was produced to demonstrate what the deceased had intended and how clear he had been about his instructions regarding the Will.

Medical evidence had to be produced and considered by an expert psychiatric consultant who concluded that there was no evidence of any mental issues or deterioration.

This case was settled between the parties at mediation.

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