Widow's mental incapacity claim unsuccessful

A widow has lost her challenge of her husband's Will after she was unable to satisfy the court that a brain tumour he had suffered, which she says turned him into a transvestite, had resulted in him lacking the mental capacity necessary to execute a Will.

Thomas Joseph Smith wrote a Will in 2005 which replaced a previous document executed in 1992. The older Will had named his wife, Olga Smith, as the main beneficiary, but she was excluded altogether from the 2005 Will, which divided his estate between his brother, his nephew and three nieces. Mr Smith died in 2009 and a post-mortem revealed that he had been suffering from a neuroblastoma brain tumour.

Mrs Smith asserted that the tumour accounted for her late husband's odd behaviour around the time the new Will was made, which included an obsession for wearing her underwear. She contended that the tumour had reduced his capacity and that the 2005 Will should therefore be set aside.

Judge Asplin ruled that the 2005 Will should stand, saying:

"Other than Mrs Smith’s allegations, there was nothing to call into doubt the deceased’s mental capacity in 2005. The will is entirely reasonable on its face and, on the evidence, was properly executed."

If you live in Northern Ireland and would like to receive information about making a Will, contact one of the will writing solicitors at Wilson Nesbitt in Belfast or Bangor by calling 0800 840 9293.

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