Malcolm Mclaren died in April of 2010. He had been the manager of the punk / alternative rock group the Sex Pistols and other bands, a performer, and businessman in the United Kingdom where he will be buried.
He had a rocky and relatively absent relationship from his son Joe Corre although Joe was at his side upon his passing. Joe was not even given his name as he was unwanted and Joe's mom was told to have an abortion since Malcom did not want to be a father or think he would be a good one and his mother did not care for Viviene Westwood who would become a punk fashion designer and businesswoman and gave her money to abort who changed her mind on the way there then they named the child after his mother as a joke.
For most of their lives they did not have much to do with one another according to articles although at times that changed.
Malcom was in his 60s and had a girlfriend who was in her 30s that he was with for 12 years and lived with for 9. He did a deathbed will to provide for her. However his mental capacity while he was in the hospital dying of cancer was questionable and he had no prior wills so if that will was the product of undue influence it would pass intestacy which meant the girlfriend would receive nothing in his sole name without a beneficiary designation and it would pass to his son regardless of his intent.
Joe Corre is a millionaire himself having been a part founder of agent provocateur a lingerie company but said he felt an obligation to bring the will contest and make it known whether his dad had capacity at the time the will was made. He said he was also acting on behalf of Malcom's brother who was also interested.
A will can leave a persons property to anybody they want for any reason they want. However the person who makes the will must be of legal age being 18 or an emancipated minor, have the document properly executed for example 2 witnesses and a notary with the testator signing then the others watching them do so and being there and each paying attention to the others signing and witnessing. They must also be free of undue influence where another pressures them to make provisions they would not have otherwise have done and have mental capacity.
While mental capacity also known as testamentary capacity is a reasonably low standard the will can be successful. The person must know who the natural object of their bounty are (their heirs such as their children) the approximate or general extent of the property in their estate not thinking they have $10 if they are a millionaire, able to understand their actions and its effect on their estate plan and related issues.
While this case is outside the US the lesson is the same as if it would be in Florida that people should designate who they want to receive their property and if they do not have beneficiary designations hold property jointly with right of survivorship or provide early enough in their wills when they clearly have capacity it allow an opening for others to challenge the capacity and validity of the will. The state or country will decide who gets his property through intestacy if it is determined that there was no capacity.
See Daily Mail UK Alison Boshoff September 17 2010Manager of Sex Pistols will is contested.