An interesting case is being pursued through the Courts at present. The daughter of a man who died of throat cancer is contesting a Will that was signed on his deathbed. The Will divided his estate between his sisters, a brother and two children of another sister. It did leave £100k to the daughter out of an estate of around £600k. The daughter is claiming that the Will was invalid due to incapacity of her father to make a Will within the last seven days of his death. She is claiming the whole £600k.
The siblings, described by their lawyer as respectable members of society and unlikely to lie to the Court, are defending the case and asking for any evidence there is available to support the daughters accusations of possible fraud and incapacity.
It will be interesting to see if any reference is made to the Will Writer’s instructions especially to note indications of capacity and undue pressure.
We in Collective Legal Solutions put much emphasis on these matters so that when cases such as this arise the Judge can readily see whether or not the Will was properly drawn up and executed.
The outcome of this case will be interesting.