Man wins courtbattle over inheritance

Colin Caton went to London's High Court challenging the March 1998 will made by his 88-year-old mother, Gladys Caton, from Felpham, who died two months later in May that year.

Mrs Caton made the disputed will at St Richard's Hospital in Chichester at a time when her solicitor judged her fit to do so, leaving the lion's share of her estate to her '˜best friend', Ethel Fowles.

By contrast Mr Caton '“ her only son '“ was left with nothing, Mr Justice Briggs told the court.

The solicitor who drew up Mrs Caton's will later explained that he had quizzed Mrs Caton about excluding her son from her estate, prompting the response that the elderly widow 'felt he was more or less ignoring her'.

That suggestion was flatly rejected by Mr Caton, a 73-year-old retired engineer.

Under the terms of Mrs Caton's will, Mrs Fowles '“ who has since died '“ would receive her friend's property in Felpham, plus a 24,000 cash bequest.

But the case came before Mr Justice Briggs '“ sitting in the High Court's Chancery Division '“ as he ruled in favour of Mr Caton, revoking the 1998 will.

He said it was not established that Mrs Caton had '˜testamentary capacity' when she made her March 1998 will.

Medical staff at St Richard's Hospital had expressed concerns about Mrs Caton's mental capacity when her will was drawn up, the judge observed.

And he said the solicitor may have been misled by Mrs Caton's verbal fluency at the time, which made her seem more lucid and alert than was the case.

'In these circumstances it is not proven that the deceased had testamentary capacity when she made the will,' the judge said, before concluding: 'Furthermore, on the balance of probabilities she did not have that capacity.'

Mr Caton, who lives in Four Marks in Hampshire, therefore was entitled to have the challenged will set aside, the judge ruled.