Evan Hughes died March 2017 aged 84. In July 2016, Evan executed his 3rd Will, during this time he was grieving for his late son Elfed and was suffering from moderately severe dementia. In this Will, he was leaving 56 acres of land to his surviving son Gareth.

After Evan’s passing, his daughter Carys, Elfed’s widow Gwen and their son Stephen, challenged the validity of this part of the Will. They claimed that Evan had promised this land to the late Elfed, who had worked on the farm for many years. Two of Evan’s previous Wills had actually left this land to the late Elfed.

Gwen and Stephen challenged the validity of the 2016 Will, arguing that at the time of writing, Evan did not have the capacity to make it and that they had a claim over the land due to the promise Evan had made to his son Elfed.

When his 3rd Will was being executed in 2016, his solicitor at the time asked Evan’s GP to assess his capacity. Dr Pritchard confirmed that he did have capacity. A further expert opinion was sought from Dr Series who, based on the records from Evan’s GP and solicitor, also agreed that he had capacity.

At trial, Evan’s GP stated that he was misled into believing that the new Will only made minor amendments and that Evan himself believed that too. This was supported by numerous other individuals. This convinced the judge that the 2016 Will had to be set aside on the grounds of capacity, however he ruled out the possibility of undue influence.

The judge upheld Gwen and Stephen’s claim on the land due to the fact that the 2016 Will created a considerable loss to Elfed and he had been dependant on his father’s promise to leave him the farmland. The judge further explained that even if the 2016 Will was deemed valid, the land would still have been subjected to an equity in his favour.

This case shows the importance of farmers having a well thought out succession plan in place. If you would like any advice on succession planning or would like to discuss your personal situation, please get in touch.