Making a Will is a person’s opportunity to leave any of their estate or personal effects to who they choose. That doesn’t mean it can’t be challenged, as in the following case.
A pensioner who knew her own mind, left everything to one of her sons leaving nothing to the other two. A court judge reiterated this freedom of choice when the Will was challenged by her eldest son.
In her Will she left everything to her middle son making him her sole heir. The family home which was valued at £350,000 had already been put into both of their joint names so he inherited the property automatically on her death. She made the Will at aged 88, five years previous to her death.
Writing in a letter around the same time, she detailed her reasoning. She stated that her eldest son seldom spent time with her, and he was of no help to her and could not be relied on. The youngest of the sons was financially independent which meant he didn’t need any of her money, however the middle son had supported her to his own detriment during her last years and it was her chance to acknowledge this and reward him for his actions.
The judge dismissed the challenge by the eldest son. The suggestion that his brother had put undue pressure or influence on his mother to change her Will in his favour was unfounded. The judge was of the opinion that the pensioner was sound of mind, and had given some careful consideration to this matter, and wanted to repay her middle son for the sacrifices he had made, including closing his hairdressing business and moving in with her to become her primary carer in the last years of her life.
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