Invalid Will drafted by Solicitors


Two siblings were relieved recently, when a Court of Appeal judge ruled that their mother’s will, which was drafted by an experienced solicitor, was declared to be an invalid will.

Daphne Burgess died in 2009, leaving a will which stated that her estate was to be distributed between her two daughters, but would not include her only son, Peter, who would inherit nothing.

Her son, along with one of her daughters, Libby, contested the will as they had not been a party to the drafting of the document nor had been informed about it. In addition, although the other daughter Julia and her brother had fallen out, there had been no disagreement between mother and son. Of course, this made the wishes expressed in the will, particularly suspect.

The solicitor concerned was considered to be very experienced in this sector – indicating that he prepared one will each week on average. However, the trial judge found that Daphne had not in fact been mentally capable of making the decisions contained within the document, declaring it invalid.

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