Stewart and others versus Franks and others CSOH 63 2013

An interesting case concerning an attempt to have a Will set aside.

The deceased’s children attempted to overturn their father’s Will on the basis that their father was delusional.  Their father left almost £6.7 million largely  to a charitable trust.

The Court of Session however was “not satisfied that the pursuer [the children] have established that there were periods when the testator’s paranoid personality disorder was of such delusional intensity as to deprive him of testamentary capacity. ”   In other words, although the testator was paranoid he still had mental capacity

The case report can be found here and a report from the Herald here.

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