Challenging the validity of a Will

A recent case ‘Wilson’ has acted as a reminder of how important it is to ensure that your Will is regarded as valid after your death. This is especially relevant if you are suffering from a long term condition which could, or will, affect your mental capacity in the future.

The claimant, who was the deceased’s niece, brought proceedings to challenge the validity of a Will.   The deceased had left their estate to the defendants, who had cared for her during the latter stage of her life.

The Chancery Division of the High Court held that the Will was invalid, in that the deceased did not have the mental capacity to make the Will.   Nor had she the capacity to approve the contents of the Will.

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