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Contesting will

(3 Posts)
Monkeyblue2 Wed 03-Dec-14 11:49:43

A family member made a will approx 6 months before they were diagnosed with dementia. The will was made with a solicitor. Another family member is not happy will they will and will be contesting it. What are the chances of the new will standing? IMO relative had capacity when making the will.

prh47bridge Wed 03-Dec-14 12:58:58

In the case of Simon v Byford (and others) last year the deceased's son challenged the will on the basis that his mother was suffering from mild to moderate dementia at the time. He lost. The judge ruled that the deceased was capable of understanding the nature and effect of the new will at the time she made it. It helped that the will was straightforward and similar to previous wills.

It is impossible to tell what chance there is of the new will being upheld based on the brief details you give. But the case I have quoted shows that, even if it is possible to prove that your family member was suffering from dementia at the time, it does not necessarily mean the courts will overturn the will.

Monkeyblue2 Wed 03-Dec-14 13:08:51

Thank you for your quick response. My relative has left me a property (worth approx 10% of estate) but we had a close relationship. Whereas in the previous will I was left a fix cash amount. My cousins still have the same cash amount as in the previous will. So I have been favoured here (possibly due to the fact we had a closer relationship and I have children). My uncle is not happy about this change.

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