Wills and the district nurse: the importance of caution

John Williams is 65 years old, housebound and lives alone. He is widowed – his wife died 12 months ago – and he has 3 children. The eldest two are his stepchildren, Jack (40 years) and Bert (35 years). The youngest child is his biological daughter, Sarah, who is 28 years old. He has not seen his eldest children since his wife’s funeral and Sarah has her own family and only visits occasionally. He is visited by Julie Davies, his district nurse on a daily basis due to a recent bout of ‘flu from which he is finding it difficult to recover. He has early-onset Alzheimer’s disease. Julie visits one day to find John in a very low, yet determined mood. He does not feel that he has long left in this life and has drafted a will which he would like Julie and the next door neighbour to witness. Julie notices that the will contains two bequests: one of £5000 is to his neighbour; the second, to his stepson Jack, is of the remainder of his estate ‘in full confidence that Jack will share it with the other children as he sees fit’. Julie does not want to get involved but feels pressurized by John into signing and witnessing the will. John dies a week later. Julie is notified that the will is being contested by Sarah.