High Court makes ruling in ‘dementia will’ inheritance case

A son has lost a three-year court battle with his three siblings over his mother’s will, after a judge decided that her dementia symptoms had not adversely affected her capacity to set out her final wishes.

High Court judge Simon Barker QC ruled against Ian Parsonage, who argued that the last will made in 2011 by his mother, Beryl Parsonage, should be disregarded as she “lacked capacity to know and understand the nature and effect” of her new will.

The claimant had sought to have an earlier will re-instated, in which he stood to inherit more of her estate, which the judge estimated to be worth between £600,000 and £900,000.

Commenting on the case, Quilter financial planner David Gibb noted that as dementia was unfortunately becoming more common in the UK, more families were taking to the courts to sort out these type of will disputes.

“This case hinges on the fact that Beryl Parsonage updated her will at a time when she was beginning to show signs of dementia,” Gibb said. “When it comes to estate planning it’s important to update your will as soon as possible whenever there is a significant life event or circumstances change, as you never know what is around the corner.

“Trusts are an invaluable tool for complex situations,” he added. “A trust would be run by a number of trustees after your death, who would distribute funds in line with your wishes. However, they can also adapt to any change in circumstances instead of strictly adhering to the will.”

    Share Story:

Recent Stories


FREE E-NEWS SIGN UP

Subscribe to our newsletter to receive breaking news and other industry announcements by email.

  Please tick here to confirm you are happy to receive third party promotions from carefully selected partners.


The new episode of The Mortgage Insider podcast, out now
Regional housing markets now matter more than ever. While London and the Southeast still tend to dominate the headlines from a house price and affordability perspective, much of the growth in rental yields and buyer demand is coming from other parts of the UK.

In this episode of the Barclays Mortgage Insider Podcast, host Phil Spencer is joined by Lucian Cook, Head of Research at Savills, and Ross Jones, founder of Home Financial and Evolve Commercial Finance.

The role of the bridging market and technology usage in the industry
Content editor, Dan McGrath, sat down with chief operating officer at Black & White Bridging, Damien Druce, and head of development finance at Empire Global Finance, Pete Williams, to explore the role of the bridging sector, the role of AI across the industry and how the property market has fared in the Labour Government’s first year in office.


Helping the credit challenged get mortgage ready
A rising number of borrowers are finding it harder to access mortgages due to being credit challenged - whether that’s from historic debts, a county court judgment, or having little to no credit history.

In the latest episode of the Mortgage Insider podcast, Phil Spencer is joined by Eloise Hall, Head of National Accounts at Kensington Mortgages, and Alastair Douglas, CEO of TotallyMoney.

The future of the bridging industry and the Autumn Budget
MoneyAge content editor, Dan McGrath, is joined by head of marketing at Black & White Bridging, Matt Horton, to discuss the bridging industry, the impact of the Autumn Budget and what the future holds for the sector.