Is grief enough to invalidate a will, asks Kate Harris
In December 2013, the High Court handed down judgment in a will dispute case and provided useful guidance as to when a testator’s grief will amount to a lack of testamentary capacity (see Dharamshi & Others v Velji & Others [2013] EWHC 3917 (Ch)).
Dramatis personae
The claimants in this case were the blood relatives of the testator and the beneficiaries under his last will dated 25 June 2003 (“the June will”). There were two earlier wills dated 11 April 2003 and 1 May 2003 under which the testator’s wife was the principal beneficiary. In the event of his wife predeceasing him, the April and May wills left the entire estate to his wife’s family, the first to third defendants (“the defendants”). The testator’s wife died on 27 May 2003 and he promptly executed the June will, leaving his entire estate to the claimants.
The claimants invited the court to pronounce in favour of the June will. The defendants disputed the validity of the June
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