Deathbed Will Successfully Challenged

Curzon Green were successful in obtaining an order pronouncing against the validity of a will on grounds of capacity. The deceased had apparently made a will in hospital on the date of his death, by which he left the majority of his estate to his partner, to whom he was not married. A Grant of Probate had been obtained on the basis of the will, and the deceased’s estate distributed to the partner. Our solicitors were instructed by the deceased’s only daughter to investigate the circumstances of the will and any potential challenges. The case was an unusual one because the partner had also died, leaving no close relatives to deal with her estate. Acting on the basis of a conditional fee agreement, we successfully obtained an order pronouncing against the validity of the will, revoking the Grant of Probate, and ordering that our client be refunded from the partner’s estate. It was necessary to investigate the deceased’s medical records, obtain expert medical evidence, and witness evidence from persons who had known the deceased during his lifetime.