On Friday, the High Court granted permission for the Testator's son to appeal this interesting decision.

It certainly appears to widen the scope to challenge testamentary capacity, which is presently based on 150 year old case law. In this case it was considered that a Complex Grief Disorder (upon which the experts disagreed) caused "insane delusions" meaning the Testator lacked capacity to make both wills in 2010 and 2013. 

This case emphasises the importance of taking good legal advice when preparing a will, particularly if you are looking to disinherit a close family member. In this case, there was evidence that the solicitor made no attempt to take instructions from the Testator in person.

If you need advice on a dispute or are considering preparing a will then please contact hello@hedgeslaw.co.uk