Olga Smith also claimed the brain tumour caused her husband Thomas to become a transvestite and engage in violent and threatening behaviour.
However, Smith’s argument that her being cut out of a £575,000 will was due to her husband being “not of sound mind” was rejected by a High Court judge, the Daily Mail reported.
Thomas Smith died aged 70 in 2009 and a post-mortem revealed he had been suffering from a brain tumour.
His widow said he had started behaving strangely in 2005, around the time he rewrote his will. The couple had been separated since 2003.
She said he began wearing her underwear, and alleged that he broke into her room and assaulted her.
She attempted to link his alleged strange behaviour to his brain tumour and asserted his removal of her from his will was part of that behaviour.
However, Judge Sarah Asplin ruled that Smith’s behaviour, whether it occurred or not, was irrelevant to the making of his will.
John Smart, solicitor for the deceased’s other relatives, said the law does not call for a “perfectly balanced mind” when a will is made, but only that the testator understands the consequences of their actions.
Judge Aspin ruled that there was not enough evidence to prove Smith did not have the mental capacity to make a will in 2005.
The inheritance will now pass to Smith’s three nieces whilst his widow was ordered to pay £80,000 in legal costs.
