In a recent case a Will was challenged in Court on the basis that the person making the Will lacked mental capacity. This is one of the ways in which a Will can be challenged.
A man, who suffered from multiple sclerosis, made a Will which left his estate to his partner which whom he was living but had not married. This Will did not leave anything to his son. Seventeen months after drafting the Will, the father arranged for the Will to be signed and witnessed. During those seventeen months, his multiple sclerosis left him in deteriorating health and when the Will was signed and witnessed, the father lacked the mental capacity to make a Will.
The son challenged the Will in Court as he had expected to inherit something from his father’s estate. The Court agreed that the father had lacked mental capacity when the Will was signed and witnessed, but had not lacked mental capacity when the Will was drafted. As the father may have wanted to leave his estate to his partner in recognition of her support during his increasing poor health, particularly if she had taken on caring responsibilities which may have reduced her earning capacity, then it was not irrational for the father to leave his son out of the Will. Therefore the challenge failed.
If you wish to draw up a will that properly reflects how you want to distribute your estate, please call 01858 445480 now or complete one of the on-line forms. You can make an appointment at any of our branches in Market Harborough, Wigston or on Uppingham Road in Leicester. We can also arrange a home or hospital visit if you cannot get to any of the offices due to your ill health. Lawson-West will try to ensure there are no doubts about your capacity to make a Will to help reduce any challenges to your Will after your death.
