Terra Firma’s Roddy MacLeod successfully represented a Pursuer who sought to reduce his Aunt’s Will on the basis that she lacked testamentary capacity.  The Pursuer’s alternative ground of challenge was that, if his Aunt had capacity, her true wishes were taken advantage of.  After a nine-day Proof, the Sheriff granted decree in favour of the Pursuer on all the grounds of challenge and reduced the Will.  The Sheriff’s decision is available for subscribers of Westlaw UK by following the link.

Successful challenges to testamentary capacity are rare.  Prior to the Courts Reform (Scotland) Act 2014, actions of reduction required to be raised in the Court of Session.  In the last 80 years there have only been a handful of reported decisions concerning challenges to testamentary capacity, most of which have failed.

Roddy MacLeod specialises in contentious executries, including challenges to Wills.  He is ranked as a leading junior / Band 1 for Private Client in Chambers UK and the Legal 500.