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Will leaving entire estate to one daughter condemned due to lack of capacity and undue influence
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The High Court upheld the Circuit Court's decision condemning a will that left the entire estate of a deceased farmer to one daughter, following challenges by his sons on grounds including lack of testamentary capacity, knowledge and approval, and undue influence. The court found that, due to terminal illness, long periods of delirium, and heavy sedation, the deceased was confused and unable to comprehend his assets or choose between potential beneficiaries at the relevant time. The involvement of the principal beneficiary and her significant influence over proceedings, combined with the solicitor's conflicted role, cast further doubt on the validity of the will. The court concluded the deceased neither had the required capacity nor understanding to execute the will, and that the will did not reflect his true intentions. Costs and related issues were left for further hearing.
testamentary capacity – knowledge and approval – undue influence – will validity – deceased"s estate – family dispute – solicitor conduct – conflict of interest – delirium – Oxycontin addiction – Circuit Court appeal – high value agricultural land – costs order – Succession Act 1965 – medical evidence
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