What Can We Learn From a Disinherited Nephew?

Doreen Stock, a London resident, died in 2021 at the age of 86, leaving behind an estate valued at approximately $400K. Doreen drafted her last will when her great nephew, Ben Chiswick,  was just a few months old, leaving Ben her entire estate. Ben (now a 39-year-old-man and living in the US) was unceremoniously disinherited when his parents suggested that Doreen should go into a nursing home (that’s what you get!). Doreen, described in court as “stubborn and houseproud,” updated her last will in 2020, a year before her passing, and replaced Ben with another nephew, Simon Sock, a London resident.

Of course, Ben took issue with the updated last will and challenged his disinheritance in Court, claiming that Doreen was suffering from dementia when she drafted the 2020 last will. The judge considered the allegations that Ben hadn’t spoken to his great-aunt over the telephone or written to her in years, whereas Simon (the good great-nephew?) had visited her and carried out small tasks for her (they lived close to each other).

Ultimately, the London based Judge held that while Doreen’s actions to disinherit Ben may have been “irrational” and that referring to Ben’s parents as “The Rats” was “unfair,” as they only acted in her best interest, Doreen DID NOT lack capacity when she wrote their son, Ben out of her will. Yes, you can act irrationally and still have capacity!

So, what can we learn from this great-aunt dispute?

We can discuss what the courts look at when deciding mental capacity. In general, the burden to prove lack of capacity falls on the challenger to show that the testator or testatrix

lacked the necessary mental capacity to make sound decisions.  Court evidence can come in the form of medical records, witness testimony, and other documentation.  

The easiest way to show lack of capacity is to provide medical records to corroborate cognitive decline or diagnosis of a mental illness.  Witness testimony (folks that regularly interacted with the decedent) is sometimes relied upon to show lack of capacity. Finally, documentation such as financial statements showing questionable financial decisions or executed legal documents that do not align with their intentions, may be evidence of mental incapacity.

So, there you have it. We learn that being feisty (or irrational) is not the same thing as being incapacitated. We also learn that the Court can look at multiple factors when deciding mental capacity….it’s a question of facts.