'Insane delusions' caused man to disinherit his relatives
A court has heard how a man was suffering from "insane delusions" when he revoked his will, disinheriting an old friend and some close family members.
When the man had been in good health he had made a will leaving most of his estate to a close relative and her daughter. He appointed an old friend to be the executor.
He often complained to friends and family that he did not like his adopted children and was leaving them nothing.
He then contracted a terminal illness and went to live in a nursing home. His beneficiaries were refused access to see him at this time except for on one occasion when his old friend paid a visit. However, the man developed the belief that his friend just wanted his property.
On another occasion, some of his close family members rushed into his room after being denied access to see him. The man then contacted his solicitor saying his friend and relatives were terrible people and he wanted them removed from his will. His wish was carried out and he later died.
This meant most of the estate would now pass to the man's adopted children.
The disinherited family members applied for a declaration that the revocation of the will was invalid. They produced evidence from a medical expert that the man had lacked testamentary capacity in the two months before he died.
The adopted children accepted that the man's sudden beliefs about his former beneficiaries were brought on by insane delusions but said that those delusions did not influence his decision to revoke the will.
However, the court held that the delusions had been influential. In the space of a few months, he had changed his views about those who had been closest to him for many years and he did so for reasons that were non-existent or based on delusions.
He clearly lacked testamentary capacity and the revocation of the will was of no legal effect. Probate was granted to the friend as the executor of the will.
Please contact Dominic Mackenzie if you would like more information about wills and probate.
