Mental capacity row over will


An interesting case was reported last week, whereby a Leicester-based firm of solicitors was being sued for over £1 million by a woman who claims that it did not rewrite a will when it was requested, resulting in a substantial personal loss to her.

The deceased was a wealthy woman who wrote several wills throughout her lifetime, each time leaving the bulk of her £2.6 million estate to her cousin and former GP.

After her husband died and she moved into a nursing home however, her step- granddaughter claims that she wished to change her will a final time (several weeks before she died) to leave the majority of the estate to her.

According to her step-granddaughter, the law firm did not adhere to the deceased’s wishes and she was forced to prepare a will online for her grandmother, leaving it open to a contest of probate by the cousin and GP, which she lost and was forced to pay almost £1 million.

In response, the law firm stated that the solicitor concerned had received conflicting information about the mental capacity of the deceased’s mental health at the time and quite rightly, had insisted about speaking to her about it personally before agreeing to write a new will. Unfortunately, she died before she was able to do so.

The hearing continues in the High Court.

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