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Intestacies averted

15 July 2010 / Michael Tringham
Issue: 7426 / Categories: Features , Wills & Probate
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Family troubles continue to keep probate in the headlines. Michael Tringham provides an update

Victor Reeve bequeathed most of his estate to his nieces, with whom he had a “close and affectionate” relationship—and excluding his adopted children, with whom he was said to be on poor terms. But shortly before his death from cancer he revoked his Will, stating that he wanted the money to devolve to the adoptees under intestacy laws. Letters showed that, like many seriously ill people, he was in a confused state, “remembering” attacks that never happened. The High Court (Hinton & Hayes v Leigh & Reeve [2009] EWCH 2658 Ch) found the testator’s change of mind was based on delusions caused by a mental disease “poisoning his affections”, and confirmed that as the same testamentary capacity is required to revoke as to make a Will, the revocation was invalid.

Unsisterly allegation

The High Court rejected Angela Salmon’s claim that her sister Jacqueline forged their late mother’s Will. Ethel Lucille Hayles left most of her £300,000 estate to Jacqueline, explicitly disinheriting the younger sister in these words: “To my young daughter

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