Will Leaving Estate to Deceased’s Hairdresser Successfully Challenged Due to Partially Sighted Witness

We were instructed by Mrs W on a No Win, No Fee basis to challenge the validity of her late aunt’s Will on the following grounds:

(a) that the Deceased lacked testamentary capacity;

(b) that the Deceased was unduly influenced;

(c) that the Will was not properly witnessed.

One of the witnesses was partially sighted. We alleged that as such, he could not properly witness the Will and that the Will did not therefore meet the required formalities for execution, set out in section 9 of the Wills Act.

This was an unusual case, but we relied upon the historical and only reported case on the issue; In the Estate of Charles Gibson, Deceased  (1949). In that case the Judge said a witness to a Will must have "the faculty of seeing".

Mrs W, who was represented by inheritance dispute lawyer, Nomi Ireson, successfully settled her claim at mediation and received one half of the estate.

If you are interested in challenging the validity of a Will on a No Win, No Fee basis then contact us on 01823 354545 for a  free case assessment, or email Naomi at naomi.ireson@sleeblackwell.co.uk