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Insights & advice

Son fails to overturn his mother’s Will

Son Fails To Overturn Will With Testamentary Capacity | Middletons Law | Andover Solicitors 

The value of having your Will properly drawn up by a solicitor was highlighted in a recent case before the courts.

The case involved a woman who decided she did not want her son to inherit any of her estate.

The woman and her son had been in business together. At one point, the son was charged with several counts of fraud in connection with the business. He was acquitted of all charges but the incidents deeply upset the woman.

She changed her Will and left everything to other family members while her son was to receive nothing.

The Will was drawn up by a solicitor who, wishing to ensure that the Will would be legally watertight, made a point of specifically checking with the woman that she intended to disinherit her son. She confirmed that she did.

The son challenged the Will, claiming that his mother had lacked testamentary capacity at the time it was made.

The court held that there was no evidence to support the son’s argument that the woman had lacked testamentary capacity. On the contrary, the woman’s solicitor was able to confirm that he had gone over the issues carefully with her and considered that she fully understood what she was doing.

The Will was allowed to stand.

Please contact Michelle Stopford in our Warminster office on 01985 214444 or Westbury on 01373 865577 or email mstopford@mulaw.co.uk if you would like more information about wills and probate.


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Just a short note to once again express my sincere thanks to you, Sue and the M&U team, for all your help, cooperation and first class professional support. I am most grateful to you all.

Chris Stephenson, Warminster

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