π¬π§ Will Dispute in the UK β Parsonage Estate Case (2019)
What Happened:
A woman (Beryl Parsonage) made two successive Wills. The first Will mostly benefited one child. The second Will attempted to divide her estate equally among her four children. After her death, one of the children contested whether the second Will was valid, claiming her mother lacked mental capacity when it was made due to dementia. The High Court ruled in favour of the second Will, upholding that the testator had sufficient mental capacity.
Lessons:
Mental capacity is crucial. If a testator is suspected of lacking capacity (due to illness, dementia), this must be proven in court or by evidence at the time the Will was made.
A later Will can override an earlier oneβif it meets legal requirements and capacity can be shown.
Disputes like this are costly, upsetting, and can delay distributions. Having clear documentation and possibly medical evidence helps.