Right to inherit upheld by High Court
A lawyer from the Midlands has helped a man to uphold his right to inherit under the will of his partner, the ecologist Elizabeth Walker, following a legal challenge by her daughters.
Ms Walker, who died in 2010 at the age of 53, had been in a relationship with Mr Badmin, who was 23 years her junior, since 2005. In her will she left a large part of her estate to him. Her daughters Alison Walker and Jennifer Rowan took Mr Badmin to court to try to overturn the will, arguing that she was in an ‘irrational’ and ‘delusional’ state when she drew it up.
The couple had originally been introduced through Jennifer Rowan and her husband. Ms Walker and her husband then separated in 2007 and Ms Walker left the family home to move in with Mr Badmin. However in 2009, she was diagnosed with a malignant brain tumour, which ruined their plans to get married.
At a High Court trial, Judge Nicholas Strauss QC ruled that although Ms Walker’s mental powers had declined considerably by the time she signed the will this had not impaired her ‘testamentary capacity’.
Robert Weston, who represented Mr Badmin, said: “This was a very sad case, not to mention a very complicated and long-running one. It is rare for cases to go all the way to trial like this.
“This will have an impact on future cases where family members try to suggest that any changes to a will made while someone is terminally ill may not be valid on grounds of mental capacity.
“A will is the way in which someone sets out what they want to happen after they die. Ultimately, what we have been able to prove is that Ms Walker knew precisely what she was doing, despite her illness, when she made her decision to leave most of her fortune to Mr Badmin.”
If you’d like information about making a Will to ensure your wishes are carried out, please contact Christian Jenkins at Lawson-West on 01858 445 480. We can also help you with powers of attorney, probate, inheritance tax and court of protection applications.
View all