Daughter fails in High Court challenge to mother’s will

A woman has failed in her attempt to overturn her late mother’s will after the High Court ruled that the document was valid and properly reflected the testatrix’s wishes.

Background

Mary Barbara Wadge died in 2018 aged 85. Her 2008 will left most of her estate to her daughter Carolyne, a smaller portion to her son who has since died, and nothing to her other daughter, Vicky, although Vicky’s children did inherit a share.

Vicky, supported by her late brother’s estate, brought proceedings challenging the will. She alleged that her mother lacked the mental capacity to make a valid will, that Carolyne had exercised undue influence, and that Mary did not fully understand or approve the document she signed.

The law on testamentary capacity

The court applied the long-standing test that a person making a will must understand the nature and effect of the document, the extent of their property, and the claims they ought to consider. They must also be free of delusions that could influence their decisions.

Where a will has been duly executed and appears rational, the law presumes that the testator had capacity. That presumption can be displaced if challengers raise real doubt, but the burden then lies on the party seeking to uphold the will to prove capacity on the balance of probabilities.

Court’s findings

The judge found that, although Mrs Wadge had experienced some memory lapses before 2008 and was later diagnosed with dementia, there was no convincing evidence that she lacked capacity when she made the will. On the contrary, she gave coherent instructions at a bank meeting and appeared to understand what she was doing.

The court noted that a medical expert instructed in the case had concluded that Mrs Wadge lacked capacity, but the judge considered that opinion insufficiently reasoned and not supported by the broader evidence.

On the allegation of undue influence, the court held that Carolyne’s involvement in her mother’s affairs was consistent with providing care rather than coercion. The will was rational in its terms and Mrs Wadge was found to have known and approved its contents.

Outcome

The claim was dismissed and the 2008 will admitted to probate. The case confirms that mild cognitive difficulties or a later diagnosis of dementia will not necessarily invalidate a will if the evidence shows the testator understood what they were doing at the relevant time.

Please contact us if you would like more information about the issues raised in this article or any aspect of wills and probate.