A HIGH Court judgement has reinforced the importance of applying the ‘golden rule’ in drawing up a will, warn Dorset Probate solicitors Coles Miller.

For a will to be valid, the person making it must have sufficient mental capacity.

They must be able to understand how much their estate is worth, to whom they are bequeathing it and why.

Wills can be challenged in court. Coles Miller Solicitors are forecasting an increase in the number of these contested probate hearings.

In the High Court case of Ashkettle v Gwinnett, it was held that the woman making the will had been “unable to communicate in any meaningful way” but “may have retained a sufficient social façade to mask her deterioration.”

The case highlights the importance of maintaining the ‘golden rule’, as outlined by Mr Justice (later Lord) Templeman in the Kenward v Adams case.

When someone making a will has been ill, the process should involve a medical professional to confirm that they are of sufficient mental capacity.

“Even so, the will could still be challenged in court.

Bournemouth litigation solicitor Simon Steele-Williams, a Partner at Coles Miller, said: “People are more aware through the media of the fact that they can contest a will in court.

“The growth in contested wills has also been fuelled by rising property prices over the last 20 years. There are more assets to be fought over,” he added.

Various others factors have fuelled growth in contested probate:

  • People are living longer and amassing more wealth.
  • More marriages have broken down, resulting in dependants from different relationships contesting an estate.
  • There may now be less of a stigma in suing relatives connected only by former marriages.
  • No win, no fee claims are making the legal process quicker and easier.

Even valid wills can be challenged if a dependant claims that insufficient provision has been made for them.

Coles Miller has expert wills and probate solicitors around Dorset, along with specialist litigation lawyers.

For more details, contact Coles Miller Solicitors Partner Simon Steele-Williams, 01202 293226, ssteelewilliams@coles-miller.co.uk, coles-miller.co.uk