Lessons from farm will dispute
A recent judgment related to the validity of a farmer's last will, which left his surviving son 58 acres of farmland, and the rest to his widowed daughter-in-law and her children.
Two previous wills had left all the farmland to the son who died.
The widow challenge the last will on the grounds that the farmer lacked the requisite capacity and was subject to undue influence, and also her late husband had always been led to believe he would be left all the farmland and accordingly worked long hours on the farm.
The judge concluded that the will was invalid on the grounds of the lack of wilful capacity.
In the case of an elderly or seriously ill person who wishes to make a new will, the instructing solicitor should seek the opinion of a medical expert regarding that person’s capacity.
Delyth Davies, marketing assistant, Agri Advisor, a firm of specialist solicitors based in Welshpool
