A statutory will is a lifesaver for those who do not have capacity to make a will, but they are not always immune from challenge

Challenging a Statutory Will – ‘best interests’ count

In the recent case of ADS v DSM (2017 EWCOP 8) a Statutory Will drawn up by the Court of Protection was overturned following a challenge by one of the beneficiaries. In most cases, a statutory will is unlikely to be challenged. Despite that general rule, in ADS v DSM, one of the sons of the incapacitated testator did successfully challenge his mother’s statutory will because of failures in the […]