An inheritance dispute currently being heard by the High Court in England is a good demonstration of the problems that can arise when a Will is only written shortly before death and after illness has been diagnosed.
The case has been brought by two sisters, who are contesting their mother's decision to leave a substantial portion of her estate to her much younger partner, reports the Telegraph.
Elizabeth Walker was suffering from a brain tumour and died in 2010. Her estate included her share of a large property and associated land that she had shared with her husband, from whom she was separated.
She began a relationship with a man who was 23 years younger than her, and in her Will she left him her stake in this property for his lifetime, with the instruction that it should pass to her daughters on his death. The remainder of her estate was split 50/50 between her partner and her daughters.
Her daughters claim that their mother's cancer caused her to suffer periods of paranoia and hallucinations and that she couldn't have been aware of the consequences of her Will, which was written only months before she died.
However, her partner denies this and maintains that Mrs Walker was fully aware of what she was doing, reports the Telegraph.
We will watch the developments of this case with interest, but it is interesting to note that lack of testamentary capacity can also be grounds for contesting a Will in New South Wales. This means that the person writing the Will lacked the necessary mental capacity to understand the ramifications of writing a Will, or that they were not in control of their faculties.
With a second or subsequent relationship when preparing an estate plan, including a Will, we have strategies to put in place that can reduce the chances of a challenge for lack of mental capacity.
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If you are thinking of contesting a Will on these grounds or for any other reason, then it is important to seek expert legal advice as quickly as possible. Click to contact Szabo & Associates Solicitors today and speak with one of our specialist solicitors. Alternatively, call us on (02) 9281-5088 or fill in the contact form to the right of this page.