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Contested Will Invalid Due To Dementia

Thursday, March 20, 2014

Case Reference:  112309

Type of Case:  Deceased Estate Litigation – Contesting the Validity of a Will

The Situation:  Christine’s mother made two wills in 2008 leaving the bulk of her estate to her son, with virtually nothing to Christine.  Christine challenged the 2008 wills, on the basis that her mother had developed signs of dementia before she made those wills.  Quinn & Scattini obtained medical evidence and witness statements to support a conclusion that Christine’s mother did not have testamentary capacity (i.e. mental capacity to make a will) at the dates of the 2008 wills.  This would mean that the 1994 will would prevail, leaving the estate to Christine and her brother in virtually equal shares. Quinn & Scattini fought the case on a “no win, no fee” basis.

The Result:  A win for Quinn & Scattini’s client.  Christine and her brother settled out of court, agreeing that the 2008 wills were not valid, and that the 1994 will was valid.  The Supreme Court subsequently made orders to that effect.   *

Names have been changed for confidentiality.  However, some cases appear on public records such as court reports on the internet. As every case is different, the cases reported here cannot be taken as an indication of a similar outcome being likely in your case, and these reports are not to be taken as legal advice about your particular situation.

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