In today’s ageing population, will disputes on the grounds of lack of mental capacity are common.

The High Court of Justice in Birmingham has recently ruled in a £1million will dispute case concerning the estate of a matron who suffered with dementia.

In the case of Parsonage v Parsonage (2019), the son of Beryl Parsonage lost his will dispute battle with his siblings to overturn his late mother’s Will.

Beryl Parsonage died on 18th November 2015 at the age of 86. 

In 2010 Beryl made a will gifting her house (worth over £230,000) to her son Duncan and leaving gifts of £35,000 to each of her children. The residue was then to be divided between her grandson and her daughter, Sian. The 2010 Will was made by Beryl to achieve equality due to gifts given to Duncan’s siblings during her lifetime. Beryl subsequently discovered that her property was worth more than she thought which meant that Duncan was actually going to receive more than his siblings. 

She then made the 2011 Will which divided her estate equally between her four children. Beryl’s estate was worth between £700,000 and £1 million. The 2011 Will was short and basic will which was drafted by a solicitor.

Duncan Parsonage alleged that the 2011 Will was invalid due to lack of testamentary capacity and want of knowledge and approval. Duncan argued that the 2010 Will should be admitted to probate. One of Beryl’s other sons, Ian Parsonage who is also named as Executor in the 2011 Will sought an order that the 2011 Will was valid.

The Court upheld the 2011 Will stating that whilst Beryl was suffering from Dementia, her condition at the relevant time was not advanced. Accordingly, Beryl was capable of making decisions regarding her affairs and that she had the requisite mental capacity to make a will. Indeed, the medical experts in the case agreed that Beryl would have understood the nature and effect of her will, especially given the simplicity of the 2011 Will. The Court found that the 2010 Will was also invalid because Beryl had materially misunderstood the nature and extent of her estate.  Duncan was ordered to pay Ian’s legal costs out of his own portion of the estate. Ian’s legal costs are said to exceed £150,000.

If you would like to discuss a potential will dispute claim, an inheritance dispute, a dispute with an executor or other contentious probate matter, please call 01384 410410 and ask to speak to Liam Owen or Susan Ford. Alternatively, you can e-mail us at contentiousprobate@georgegreen.co.uk providing a brief overview of the issues you wish to discuss with us, along with your contact details and we will get in touch if we think we may be able to help.