Gary Pammen, a television psychic who was well known as the “Cockney Bard” has lost a legal challenge to his late father's will and has been ordered to pay £216,000 in legal costs. The case is a stark reminder that suspicion alone is not enough to overturn a Will.
The claimant argued that his father lacked testamentary capacity when making his Will. However, despite evidence that his father was later diagnosed with dementia, the court concluded that he had the necessary mental capacity at the time the will was executed and therefore the estate valued at £451,840 was awarded to his sister, Tracy.
Suspicion vs evidence
Will disputes often begin with a feeling that "something doesn't seem right". Perhaps, a parent has changed their will unexpectedly, one close family member receives substantially more than others, or a new partner becomes involved. While these circumstances may understandably raise concerns, they do not automatically mean a Will is invalid.
The key question for the court is not whether family members were rightly suspicious or whether the Will is fair and just, but whether there is evidence that the legal requirements for a valid will were not met.
What must be proven when it comes to Testamentary Capacity?
The person making a will must:
- Understand they are making a Will
- Understand the size and value of their estate
- Understand who might reasonably expect to benefit
- Be free from any disorder of the mind that affects their decision-making
What is the cost of getting it wrong?
One of the most striking aspects of this case isn't just the failure of the claim, but the financial consequences. Gary was ordered to pay costs of approximately £216,000 against an estate worth around £451,840.
For anyone considering a Will challenge, this is an important reminder that litigation carries risk. Even where concerns are genuinely held, the court will expect those concerns to be supported by evidence.
Before challenging a Will, a person should ensure they have strong evidence or they may find themselves having to pay the costs of the person who they feel benefitted wrongly.
If you would like to discuss any concerns or questions you may have about a Will or someone is threatening a challenge, then please get in touch with a member of our specialist team who will be happy to assist.