In this webinar we explore the case of Mrs Brown, a sprightly octogenarian of 85 years who lives in her own home with occasional assistance for shopping and cleaning from a private carer.

She is a very chatty individual and will talk about her children, cat and her deceased husband at great length and with great fondness.

Mrs Brown visited her Solicitor to put together her Will, they had a very long conversation over a cup of tea and the estate planner was convinced she was competent enough to make her Will. Additionally, her wishes were simple – she leaves 70% of her entire estate to Joe because he is such a good boy looking after her, and 30% to Sarah, her daughter. It all seemed very straightforward…

6 months later, Mrs Brown dies, and her daughter contests the Will. She claims undue influence from the brother who, she says, saw very little of their mother and she produces a Will created three years earlier.

In this case study we explore:

1. The implications and ramifications of Mrs Brown’s situation for her family and for the estate planner’s firm.
2. What the estate planner could have done to better assure mental capacity is correctly assessed.

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