A man’s will has been set aside after being challenged by his children, who claimed that he lacked testamentary capacity when he drew it up.

Background of the Case

The case involved the will of Mr. Leonard, who passed away in 2019, leaving behind four children from his first marriage. He was also survived by his second wife and her family.

In 2007, Mr. Leonard executed a will that provided for his second wife and all four of his biological children. However, this will was revoked in 2015 and replaced with a new one that, while still providing for his second wife, was less favourable to his children from the first marriage.

The Challenge

The estate, valued at £5.4 million, would have given the children approximately £459,000 each under the 2015 will, compared to £615,000 each under the 2007 will. The four children challenged the 2015 will, claiming that their father lacked testamentary capacity when he made it.

Court’s Findings

The High Court ruled in favour of the children. Two medical experts provided written reports and oral testimony during the trial. Both experts agreed that Mr. Leonard had dementia when he executed the 2015 will. However, neither could definitively state his testamentary capacity on the specific date of the will’s creation, as they had not examined him during his lifetime. They had relied on his medical records.

Legal Considerations

The court examined common law tests for testamentary capacity and knowledge and approval. It concluded, on the balance of probabilities and considering the medical evidence, that Mr. Leonard did not possess the mental capacity to understand the nature and effect of the 2015 will. The court emphasised that while medical expert analyses are crucial, they are not definitive. The ultimate determination of testamentary capacity lies with the court, which must consider all evidence, including medical records, witness statements, and financial documents.

Case Reference
Man’s Will Set Aside After Being Challenged by His Four Children
Leonard v Leonard
High Court
December 2023
Justice Joanna Smith