Challenging a Will

In 2008, David Powell made a Will dividing his estate three ways between his second wife, Ailsa, and his two sons from his first marriage, Richard and Jonathan. In 2009 he made another Will leaving half of his estate to his wife with the remainder split between his two sons. Mr Powell passed away in 2012 and an acrimonious family feud ensued.

The sons claimed that Ailsa persuaded Mr Powell, who suffered from Parkinson’s disease, to change his Will and that, due to his disability he did not understand what he was doing. They argued that the earlier Will should stand instead.

Ruling in Ailisa’s favour, Judge Dight said that most of the symptoms of Parkinson’s Disease are physical and so would not have impacted on Mr Power’s understanding. The suggestion that Mr Powell lacked testamentary capacity or did not know or approve the contents of the Will were entirely without foundation. He ruled that Mr Powell did understand what he was doing and the Will reflected his instructions.

Judge Dight criticised the sons as being unreasonable, driven by personal issues and not by an inquiry into their father’s state of mind. Their case was said to be one of attempted self-enrichment where they hoped their stepmother would lack the stomach or means to fight. Mrs Powell on the other hand was considered a devoted wife who did her utmost to look after her ill husband.

The case was dismissed and the sons now face a legal bill of £200,000 which is likely to wipe out their own inheritance.

If you are concerned about testamentary capacity or the possibility of a claim on your estate, please contact the Wills and Probate department at Williamsons.