Enquiries

Disputed Wills

Poole
01202 673 011

David Parfitt

Bournemouth
01202 293 226

Simon Steele-Williams

Coles Miller can help when there is a dispute concerning Trusts, Wills and Estates

The loss of a loved one is a difficult time. When there is a dispute over the Estate expert legal help and a sympathetic approach is required. We can provide specialist advice to guide you to a favourable resolution, in all aspects of disputes concerning Trusts, Wills and Estates.

We can help with:

  • Inheritance Act Claims
  • Validity of Wills
  • Disputed Lifetime Gifts
  • Breach of trust
  • Recovery of property
  • Disputed administration of estate claims
  • Co-habitation claims
  • Claims against professional advisors

Some common grounds to dispute a Will are:

Failure to make reasonable financial provision:

Even if the Will is valid, an Inheritance Act claim can be made by somebody who does not believe that the Will has allowed such a provision. Any such claim should be made within a period of six months from the date of the Grant of Probate. 

Mental Capacity:

For a Will to be valid the person making the Will must have sufficient mental competence. ‘Testamentary capacity’ means that the person has sound mind, memory and understanding. However, because there is no legal definition that a person lacks ‘testamentary capacity’, it is difficult to prove that this is the case, even if that person has suffered from mental illness. It is therefore usual for disputes concerning lack of mental capacity to require the involvement of a medical practitioner, but the court will also consider non-medical evidence such as relationships with family and friends and the contents of previous Wills.

Undue Influence:

If someone is coerced or compelled into signing a will then it can be invalid. A person must make a Will voluntarily.

Invalid Procedure:

A common problem with home made Wills in particular. A Will must be in a proper form, should be in writing and must be signed and witnessed correctly by two independent witnesses.

Fraud:

Fortunately not widespread but it can happen. Executors need to be vigilant and any suspicious circumstances should be checked by a solicitor without delay.

Recent Case - Details of a matter recently undertaken by our specialist team as follows:

Graham McLean of our Civil and Commercial Dispute Resolution Team has recently completed acting on a longstanding matter brought under the Inheritance (Provision for Family and Dependants) Act 1975, in which we acted for one of the Claimants.

The claim was brought against the estate because insufficient financial provision was made for our client. There had been a previous will, which, in the event, was not admitted to Probate, due to it being known that a second will had been drafted, but which could not be found. As such, the estate was dealt with on an intestate basis.

The claim was brought by our client on grounds that he had been dependent on the deceased for his general housing and day to day financial needs for a number of years prior to the deceased’s death.

The matter proceeded to trial at the Bournemouth County Court, where Judgment was given in our client’s favour in a sum that was sufficient to allow our client to:-

(a)         purchase a property of his own outright;

(b)         meet his general maintenance needs and expenses for the foreseeable future; and

(c)         meet the costs of our client’s further tertiary studies.

This case sends a strong reminder to people who are having new wills drafted to take into account those persons who may be entitled under the Act to bring claims against the estate, and also to consider whether to make (reasonable) financial provision for those persons in their will. Failure to do so may see claims being brought against an estate, which can be time consuming and costly, and hold up final administration of the estate, potentially at a further cost to the other beneficiaries.

Specific advice should be sought at the time of drafting wills, and also consideration given to drafting an appropriate letter of wishes to accompany a will in circumstances where financial provision is not being made for potential beneficiaries, particularly family and/or dependants.