A cab driver from East Sussex has lost his will dispute case after a will which was made in his favour in a Wetherspoons Pub was overturned.

Dean Hughes, a cab driver from East Sussex, was named as the sole beneficiary of Gary Mendez’ estate. Mendez died in May 2016.

Mendez, aged 57, weighed 25 stone and suffered from significant health problems following a stroke. Mendez was a heavy drinker and Hughes was Mendez’ regular cab driver who would drive him from pub to pub when other drivers would often refuse due to his weight.

Mendez made a will in 2013 leaving his entire estate, including his £160,000 house, to his long term civil Partner, Hermes Rodrigues.

Mr Hughes gave evidence in Court that he had become close to Mendez over the years.  His evidence was that in February 2016, Mendez had told Hughes that he wanted to leave his house to him. Shortly after this, the pair discussed the wording of the Will on the telephone. The pair had subsequently agreed to meet at a Wetherspoons in February 2016 and at this point, Mendez executed the Will which was witnessed by locals at the pub.

Hermes Rodrigues challenged the 2016 Will on the basis that Mendez didn’t fully understand what he was doing due to his health problems and his use of alcohol.

Judge David Eaton Turner in the Central London County Court said:

“I have great doubts whether Gary Mendez had a proper understanding of the contents and effect of the 2016 Will. It must be likely that the pint on the table was not his first drink of the day.”

The Judge overturned the 2016 Will which means that Rodrigues will now receive Mendez’ house.

Following the loss of his will dispute claim, Mr Hughes will now have to pay a hefty legal bill of around £50,000 following the Judge overturning the 2016 Will.

If the will dispute claim hadn’t been successful, Rodrigues would have been able to start an inheritance dispute under the Inheritance (Provision for Families and Dependants) Act 1975 as the couple had been cohabiting for many years.

This case is an important reminder of the risks of using “Do it Yourself” Wills. Our specialist will dispute solicitors say:

“It is essential to obtain legal advice if you wish to make a will or change a previous will. It is extremely difficult to contest a will that has been prepared by an experienced probate solicitor. Indeed, the probate solicitor will be able to ensure that the will is properly drafted and that the testator has the requisite mental capacity to make a will”

If you would like to speak to one of our specialist contentious probate solicitors about a will dispute claim, please contact us on 01384 410410 or email us here. We offer a no obligation initial telephone consultation for will dispute claims, contentious probate disputes, inheritance disputes and other contentious probate dispute. We can in some cases offer “no win no fee” for will dispute and inheritance disputes.