A Will prepared by a Beneficiary upheld in Court

The recent case of McCarthy v McCarthy of 10th July 2020 saw the Court uphold the Will of the late Margaret Wilcox despite the circumstances in which it was prepared being questioned by two of her children who argued undue influence. 

In this case the Will of the late Mrs Wilcox had been written by the beneficiary who stands to inherit the deceased’s property and was subsequently signed in the presence of the said beneficiary’s best friend and his wife. 

It is important to note that despite the Will being upheld by the Court, the manner in which the Will was prepared was considered ‘concerning’ according to the Judge. Although the circumstances were concerning, there were however other factors which affected the Judge’s decision in this case, including a Deed in relation to the same property, and each case will be decided on its own facts.

What this case does highlight is the importance of seeking specialist advice when considering the preparation of your Will as the outcome of this case could have been significantly different given the concerning background facts regarding the manner in which the Will was prepared, together with the late Mrs Wilcox’s Alzheimer’s diagnosis earlier in the year.

Through using a Solicitor, your wishes will be noted together with your reasoning as to why you wish for your estate to be left in a certain way. This will provide evidence to the court should your Will ever be contested in the future and assists with providing a background in respect of the decision making process. Capacity issues would also be noted and any concerns may result in a capacity assessment being undertaken to provide the Will with a greater degree of security.

This case also highlights the importance of documenting your intentions, as here case the Deed relating to the property was a significant contributing factor in the decision to uphold the Will of the late Mrs Wilcox.

If you would like to obtain advice or guidance regarding the preparation of a Will or Declaration of Trust relating to your property, please contact our Private Client team on wills@franklins-sols.co.uk or call Northampton: 01604 828282 / Milton Keynes: 01908 660966.