Family successfully overturns will in High Court battle

04 August 2009



The family of an elderly philanthropist has successfully overturned her will, in which she left her estate to the son of a privately-hired carer. Catherine Devas, who died three years ago, had amended her will the previous year, writing out her own family for someone she may well have never met.

It is believed that Ms Devas suffered from dementia, which the High Court considered to be the reason behind her decision to change the will. The elderly woman enlisted the help of private carer Zandra Mackay, the court heard, after which she became increasingly alienated from her own family.

Money also appeared to have been taken out of the elderly woman's account, with a total of £405,000 removed during the three years Mrs Mackay acted as a carer. Her cash wealth had reduced to £26,000 during this time, despite her owning a £665,000 investment portfolio.

The son of the carer Marcus Mackay was ordered to pay the associated costs and £30,000 of legal fees after the legal document was considered to contain "suspicious" elements. A previous will drawn up by Ms Devan in 2002 will now replace the disputed document, meaning her three daughters and grandchildren will share the estate.

Craig Williams, senior associate in the Litigation and dispute resolution practice group, comments: "If you push a patently dodgy will all the way to a trial in the High Court, then you take the grave risk of failure, huge legal bills and a criminal prosecution. Get proper legal advice as soon as you can."

If you require legal advice, for either your private affairs or organisation, please call Buckinghamshire based B P Collins Solicitors on 01753 889995, complete the online enquiry form or email enquiries@bpcollins.co.uk.

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