UK Court Upholds Will Despite Dementia

ConstanceSimon died in 2009 at age 91 with a £2 million estate. In a 1996 will, she left a flat and shares in the family business to herson Robert.  However, in 2005, she made anew will at her 88th birthday party removing Robert’s sole right to the flatand shares.  Robert, who did not attendthe party, claims his mother, who was then suffering from moderate dementia,had been coerced by his siblings, Hilary and Johnathan.  A High Court judge upheld the second willstating “that the law supported ‘the right of elderly people to make a willdisposing of their property as they see fit even if their mental faculties arefar from being at their peak.’”

See Rashid Razaq, £2m Will Is Valid, Despite Mother’s Dementia, London EveningStandard, May 30, 2013.

Special thanks to Joel Dobris (Professorof Law, UC Davis School of Law) for bringing this article to my attention.