A wider scope for challenging testamentary capacity?

On Friday, the High Court granted permission for the Testator’s son to appeal this interesting decision.

It certainly appears to widen the scope to challenge testamentary capacity, which is presently based on 150 year old case law. In this case it was considered that a Complex Grief Disorder (upon which the experts disagreed) caused “insane delusions” meaning the Testator lacked capacity to make both wills in 2010 and 2013. 

This case emphasises the importance of taking good legal advice when preparing a will, particularly if you are looking to disinherit a close family member. In this case, there was evidence that the solicitor made no attempt to take instructions from the Testator in person.

If you need advice on a dispute or are considering preparing a will then please contact hello@hedgeslaw.co.uk

Son seeks to reinstate mum's will after 'bitter' family feud

A SON looking to have his mother’s wills reinstated following a 'bitter' family feud has been given permission to appeal. John Clitheroe, from Clacton, has now been granted permission to have his case heard by a High Court judge. He is looking to appeal the first instance decision that overturned his mother Jean Clitheroe’s two wills. Jean, from Clacton, died in 2017, aged 76, leaving most of her £325,000 estate to him. Her daughter Susan Bond, from St Osyth, was cut out of both and chal...