We have previously acted for a client whose father had passed away. To the client’s surprise, their father had made a new will just prior to his passing, this new will left his entire estate to his neighbour. The client’s father had been suffering from dementia before he passed away.
We made a Larke -v- Nugus Request of the solicitor who drafted of the new will and subsequently collected enough evidence to suggest that the client’s father did not have the testamentary capacity to make a new will when he did. We were able to issue a claim in the Chancery Division of the High Court and successfully argue our case. This led to an Order that the new will was invalid and the previous will was proven.