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Running this as a tangent to undue influence I noticed a possible mistake by the solicitor.
on request she supplied the notes of her appointments with my elderly and obviously not fully mentally sound uncle (witnesses confirm this) in the notes there is no mention of completed any capacity checks on day Will was written or signed However, she now says she did?
her own notes say he needed glasses and was deaf but appeared to understand by lip reading?
on day of signing just says uncle read it and confirmed it correct
also question over whether he actually had knowledge and approved the Will as outlined below from a precedent case
The test for capacity involves asking a generic question, was the testator capable of understanding what was in their Will? With knowledge and approval, the question is much more specific. Here, we are required to ask whether the person actually knew and approved of the contents of their Will.
just to give some reference Will is being disputed as his hairdresser involved herself unnecessarily in his life. Alienated him from his family. Denied them access to visit him. Made unfounded allegations to win favour, made him totally dependent on her and within a year made appointments herself with a strange solicitor and even presented them with her own handwritten instructions for the Will. One which disinherited 5 family members and installed herself as next of kin and sole beneficiary. Previous Will had stood for twenty years which she had in her possession but never shared with new solicitor
Easily obviously coerced but like everything hard to prove
on request she supplied the notes of her appointments with my elderly and obviously not fully mentally sound uncle (witnesses confirm this) in the notes there is no mention of completed any capacity checks on day Will was written or signed However, she now says she did?
her own notes say he needed glasses and was deaf but appeared to understand by lip reading?
on day of signing just says uncle read it and confirmed it correct
also question over whether he actually had knowledge and approved the Will as outlined below from a precedent case
The test for capacity involves asking a generic question, was the testator capable of understanding what was in their Will? With knowledge and approval, the question is much more specific. Here, we are required to ask whether the person actually knew and approved of the contents of their Will.
just to give some reference Will is being disputed as his hairdresser involved herself unnecessarily in his life. Alienated him from his family. Denied them access to visit him. Made unfounded allegations to win favour, made him totally dependent on her and within a year made appointments herself with a strange solicitor and even presented them with her own handwritten instructions for the Will. One which disinherited 5 family members and installed herself as next of kin and sole beneficiary. Previous Will had stood for twenty years which she had in her possession but never shared with new solicitor
Easily obviously coerced but like everything hard to prove
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