Luke Curran & Co. solicitors have successfully challenged the validity of the last Will and Testament of a Testator in the High Court, Belfast made after medical evidence established that the Testator no longer held testamentary capacity. The last Will left everything to the Testators carer in contradiction to previous Wills which had been made in favour of her siblings and various charities. The matter was brought to our attention by our client who was an aggrieved former beneficiary. We undertook a significant investigation by interviewing various parties to establish a pattern of behaviour. We reviewed the Testator’s medical notes and records prior to seeking an opinion from a specialist consultant to confirm the position on testamentary capacity. The estate involved property and savings and the matter was resolved to our clients satisfaction after proceedings had been issued and discovery exchanged.
The Test for Testamentary Capacity may be summarised as:
What the testator must be capable of understanding –
• The nature and affect of making a will
- The extent of his or her estate
• The claims of those who might expect to benefit from the testator’s will (both those being included in, and being excluded from, the will)
What the testator should not have –
- A mental illness that influences the testator to make bequests (dispositions) in the will that he or she would not otherwise have included
