Man plans appeal after being deemed mentally incapable of contesting Will

Posted 15/03/2011

A man who has been told he is mentally incapable of challenging his mother in court over his grandmother’s Will has said he intends to contest the decision.

Lee Gilliland, 42, was a parachute instructor but is now unemployed after developing post-traumatic stress disorder and agoraphobia.

He has lived in his grandmother Doris Clark’s house in the St George area of Bristol for most of his life, but she died in November 2008.

In her Will, he was not left the property, which instead went to his mother June and he launched legal action in a bid to win the right to keep it.

However, a GP’s report has now claimed that Mr Gilliland lacks the mental capacity to pursue the case and a state solicitor has been appointed.

It is thought that a decision has been made to sell the property and split the proceeds, even though this would leave Mr Gilliland homeless.

He is now hoping to have the ruling overturned and denies his problems mean he is unfit to dispute the Will.

“If it’s not a joke it’s absolutely insulting and it’s unbelievable they think they can get away with it.

“I’m just dumbfounded, especially as it’s been done behind my back,” said Mr Gilliland.

Last month, the Yorkshire Evening Post reported that brothers Harry and Barry Hirst are locked in a bitter court battle over their late mother’s Will after it was changed in the run-up to her death.

Wills can be a complex area of the law and it is best to ask an experienced solicitor such as the team at Ashtons Legal to draw one up. However, the company also offers an online Wills service that is checked by accredited professionals to ensure it is legally binding and correct, providing peace of mind that assets will be divided as the holder wishes when they are gone.

Anyone who believes that they have not received what they are entitled to from a relative or friend’s Will and wants to contest the document may be able to do so and should also seek the advice of a law professional specialising in this area.