A Testator (a person making a Will) is required to understand the nature and extent of their estate as part of the legal test for capacity to make a Will.
Values of assets can fluctuate or can be under or over-estimated by a Testator, so does a change in the value of a particular asset lead to their Will being rendered invalid? This question was considered in the case of Skillett v Skillett [2022] WTLR 679.
Mr Skillett was married with four children. Some years prior to making his Will, he had been diagnosed with idiopathic Parkinson’s disease, which meant he suffered from hallucinations.
In December 2010, a smallholding owned by Mr Skillett was valued at around £50,000. In May 2011, Mr & Mrs Skillett made mirror Wills which provided that they would each inherit the other’s estate and on the death of the surviving spouse the smallholding would pass to their eldest son and the other three children should receive £50,000 each, with the residuary estate being divided in equal shares between all children.
In September 2013, Mr Skillett was diagnosed with Alzheimer’s disease. Mrs Skillett died in 2017 and Mr Skillett died shortly afterwards. Upon his death, it transpired that the smallholding was worth £110,000 having increased in value since the Wills were made in May 2011.
Mr and Mrs Skillett’s eldest son asked the court to propound (to prove) the 2011 Will but their second son objected to this on the grounds that his father lacked testamentary capacity and he did not know and approve the contents of the Will.
The Will-drafting solicitor gave evidence that Mr Skillett had capacity to make a Will in 2011. Expert evidence was also given at the trial based on Mr Skillett’s medical records which concluded that despite experiencing hallucinations, there was nothing to prove a lack of capacity.
In the judgment, it was highlighted that knowledge and approval of a Will was to be clearly distinguished from testamentary capacity. It was emphasised that it would be advisable for the drafting solicitor to obtain a capacity report before proceeding with a Will in some circumstances, but non-compliance does not automatically mean a person can be proven to lack capacity to make a Will.
In relation to knowledge and approval of the Will and the issue in respect of the change in the value of the smallholding, the judge held that an oversight or a change in circumstances following the making of a Will was not enough to invalidate the Will. Mr Skillett had known what was in his Will and approved it in 2011. The fact that its consequences following his death might not have been as he had expected them to be at the time of the Will did not undermine that knowledge and approval.
The case of Skillett v Skillett demonstrates that the terms of a Will should be kept under review, particularly if the value of an asset has changed over time and might lead to an outcome which was not expected at the time the Will was made. Not keeping a Will under review and up to date can lead to disputes between the beneficiaries of the estate.
If you are involved in a dispute where a Will may not be valid or has not been kept under review to take into account changing circumstances, we can explore your options on an initial no-cost, no obligation basis. If you would like to talk to our team, please contact us on 0151 600 3170 or complete the enquiry form below.
