An elderly man made a Will in favour of his cohabitant. When he died his children claimed he had lacked capacity to make the Will or that there had been force and circumvention, or undue influence. Westwater’s Greg Sanders represented the cohabitant, who retained her inheritance.
There are interesting points about the evidential value of medical records and good practice by a solicitor who specialised in dealing with adults with incapacity.
Here is Sheriff Charles MacNair QC’s Decision in full.