Half-sister loses case for contested will for a share of £808,000
A woman who has challenged her late half-brother’s will has had her case dismissed by the England and Wales High Court.
Philip Price, who was 74 when he died, lived his entire life in a property in Powys, Wales, which included a house and 74 acres of pasture as part of an estate valued at £808,000.
On 14th December 2018, Price had drafted a handwritten will prepared by an experienced solicitor, which named an estate beneficiary called Vanessa Davies, a close friend of 25 years with whom he shared a bungalow. A cousin of Price was named executor and trustee.
Challenging a will
Barbara Watts is a woman who discovered posthumously that she was Price’s half-sister and stood to inherit his estate if the will was invalidated. She challenged the will on the basis that Price suffered from several severe illnesses, including episodes of delirium caused by pneumonia and suspected sepsis.
She claimed Price was incapacitated and lacked knowledge and approval of the will’s contents. Medical records indicated Price had episodes of acute delirium, but there was no evidence of its continuation on the date the will was signed.
Given the inconclusiveness of the medical evidence, the court turned to witness testimonies. The solicitor who drafted Price’s original will asserted she did not perceive any compromise in Price's mental state and additional testimonies from friends and Vanessa Davies, who were in frequent contact with Price, supported the view that he remained mentally sharp.
His half-sister’s case was dismissed
The Judge ruled against Barbara Watts, acknowledging that while Price had physical frailty, accounts of his mental capacity were consistent that he was of sound mind. The Judge also noted that the will was actually quite simple and should it have been more complicated, may have been more concerned that Price may not have understood its contents clearly.
Consequently, the will was admitted to probate, and Barbara Watts’ challenge was dismissed.
This is a great example as to why it’s so important to have a will in place that is valid and reviewed regularly. It goes to show that just because you are a relative, it is not enough to stake a claim in someone’s estate.
If you would like more information relating to your will, contact Downs Solicitors to see how we can help.
