Capacity dispute

Our clients had been excluded from their late mother’s Will, which had been executed shortly before she died at a time when she was suffering from cancer and dementia. Under the Will, the deceased left the entirety of her estate to her best friend whereas previously she had left her estate in equal shares to her children.

We were successful in showing that the deceased did not have the requisite capacity to understand what her estate consisted of and that did she understand the implications of leaving all of her property to her best friend as opposed to our clients. We were able to rely on contemporaneous documents, such as medical records, and the evidence of a testamentary capacity expert.

The Will was consequently overturned.

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