The Estate Of Norman Walter Gill Deceased: Personality Disorders And The Issue Of Testamentary Capacity

• Published date: 31 August 2023
• Subject Matter: Litigation, Mediation & Arbitration, Family and Matrimonial, Arbitration & Dispute Resolution, Wills/ Intestacy/ Estate Planning
• Law Firm: Wright Hassall
• Author: Ms Anna C. Sutcliffe

Sometimes people make decisions which others cannot accept or understand and which can appear harsh or cruel.

This case is a sombre illustration of decisions made following a family breakdown. It shows how, where a person has the required mental capacity and understands what they are doing, they are completely free to make a Will in terms which others may find difficult to accept.

Personal background - Norman Walter Gill deceased

The Deceased ("Norman") was born on 24 January 1935. In 1964 he married Mary and the couple had three children together: Jessica, Marcus and Elizabeth. Mary had a son from a previous relationship (Julian). Marcus and Elizabeth did not have any children. Jessica had two: Natasha (born 1 December 1995) and Tom (born 19 April 2006). Julian had a son Harry (born on 13 April 1995).

Norman was a successful businessman. However, in 1979 he was charged with (and pleaded guilty to) conspiring to murder Mary. Rather than imprisonment he was hospitalised and released in July 1980. In December of that year in support of Norman's application for a shotgun licence, his treating consultant found that Norman had suffered from "a significant psychiatric disturbance which was accepted as mitigation by the Court." It was further found that he was "...an ambitious, energic and at times ruthless man, who could also be over-sensitive, emotional and prone to jealousy. A combination of personality, the deaths of his father and close friend, depression of mood, marital difficulties, failure in business, alcohol dependence and drug abuse led to a paranoid state of a psychotic nature, which principally manifested itself as a morbid jealousy syndrome. By the time of his Court appearance, he had already responded satisfactorily to treatment and it was accepted that the constellation of emotional, behavioural and social circumstances was so unlikely to recur, that such an offence would not be repeated". Mr Gill was found to be a fit person to hold a shotgun licence.

Norman rebuilt his life and was financially successful.

Family relationships

He had no significant relationship with Julian from 2009.

In 2009 Norman wrote to his daughter Elizabeth making it clear that her presence would not be expected or allowed at his funeral.

On 8 September 2010 Norman created a discretionary trust known as the Gill Welfare Family Trust (the "Family Trust"). Jessica, Marcus and their children were named as discretionary beneficiaries, but not Elizabeth or Julian. Later that...