In the recent case of Hughes v Rodrigues, the Courts had to consider the impact of alcohol on a test airs ability to make a Will. A taxi driver (Dean Hughes) alleged that a regular passenger (Gary Mendez) of his left him everything in a Will, notwithstanding the fact that Mr Mendez had a long-term civil partner (Mr Rodrigues).
Hughes claimed that Mendez’s motives for leaving him everything, including a £160,000 property, were that, due to Mendez’s weight, most other taxi drivers had refused to drive him to places.
Hughes v Rodrigues
Court judgment
The Court refused to accept that there was any coercion on the part of Mr Hughes or that the Will was a forgery. The Will was, however, set aside as:
- being unsafe due to Mr Mendez being a heavy drinker;
- the Will being created in a pub;
- evidence appearing at trial that there was a pint of bitter in front of the deceased at the time he wrote his Will; and
- the Judge’s finding that it was most likely that that was not Mr Mendez’s first drink of the day.
Mr Mendez’s civil partner’s evidence was that Mr Mendez had always promised him the house no matter what happened in their relationship.
The Judge stated in his judgment:
“In my judgement, Gary, by this time, no longer had a balanced view of the claims to which he ought to give effect, and in particular had lost sight of his previous promise to leave the house to Mr Rodrigues.”
This loss has left Hughes with a hefty bill in respect of legal costs.
How can Nelsons help?
Kevin Modiri is a Partner in our Dispute Resolution team, specialising in inheritance dispute claims.
Whilst each case turns on its own facts, the above case highlights why it is so important to seek specialist advice in this highly fact sensitive area of law. Should you wish to discuss any similar issues, please contact Kevin or another member of our expert team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.