A woman has failed to overturn her grandmother’s will, which left the entire estate to a friend and carer.

The Court heard that the woman had expected to inherit but was surprised to find that she had been cut out of the will.  The issue arose because the grandmother, who was 85 when she died, had suffered from progressive vascular dementia.  She became friendly with a man who began to visit and care for her in the period before she made her final will. She decided to leave her estate to him.

After she died, her granddaughter challenged the will saying the friend had exerted undue influence. She said her grandmother had lacked testamentary capacity when she made the will – that is, she did not fully understand what she was doing, due to her dementia.

The Court, however, refused to revoke the will. The Judge said the granddaughter’s hostility towards her grandmother’s friend had led her to overstate matters.

The evidence suggested that the grandmother did know what she was doing. She left her estate to her friend both as a way of thanking him for his help and as a way of encouraging him to continue helping her.  She was also clear and settled in her mind that she did not want her granddaughter to benefit.   There was no arguable case that the friend had exerted undue influence and so the will should be allowed to stand.

Please contact us if you would like more information about wills and probate.