Man's will set aside after being challenged by his four children

A man’s will has been set aside after being challenged by his children who claimed that he lacked testamentary capacity at the time he drew it up. The case involved the will of Mr Leonard, who died in 2019 leaving four children from his first marriage. He was also succeeded by his second wife along with her family.

He had executed a will in 2007, which provided for his second wife and all four of his biological children. However, this will was revoked and was replaced in 2015 by a new one that still provided for his second wife but was less favourable to his children from the first marriage. The estate, valued at £5.4 million, would have given the children approximately £459,000 each under the 2015 will, compared to £615,000 each under the 2007 will. The four children challenged the 2015 will, claiming that their father lacked testamentary capacity when he made it.

The High Court found in their favour. Two medical experts provided written reports and oral testimony during the trial. Both experts agreed that Mr Leonard had dementia when he executed the 2015 will. However, neither could definitively state his testamentary capacity on the specific date of the will's creation, as they had not examined him during his lifetime. Instead, they had relied on studying his medical records. The court examined common law tests for testamentary capacity and knowledge and approval. It concluded, on the balance of probabilities and considering the medical evidence, that Mr Leonard did not possess the mental capacity to understand the nature and effect of the 2015 will. The court emphasised that while medical expert analyses are crucial, they are not definitive. The ultimate determination of testamentary capacity lies with the court, which must consider all evidence, including medical records, witness statements, and financial documents.

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