Q: My father, who lived 150 miles away, recently died. He was befriended by a neighbour when he became frail and at the time I was grateful to know someone was there for him when I couldn’t be. However, I have now discovered that he made a Will two weeks before he died, leaving everything to the neighbour. I fear he was coerced into making this Will, do you think I have grounds for challenging it?
A: It sounds as if you may potentially have a case for challenging your father’s Will on the grounds of undue influence. This is when someone exerts pressure on the testator (the person making the Will) to make a Will, effectively overriding their free will. The fact that the neighbour gained your father’s trust and became a relatively new friend towards the end of your father’s life, at a time when he was particularly vulnerable, may raise concerns which merit further investigation. However, proving undue influence can be complex and requires strong evidence, such as witness statements, medical records, or suspicious circumstances surrounding the Will’s preparation and execution.
A solicitor specialising in contentious probate can assess whether you may have valid grounds to contest your father’s Will, taking into consideration matters such as your father’s mental capacity at the time the Will was made, whether it was properly executed, and whether there is evidence of undue influence, lack of knowledge and approval, or possible fraud.
You may also be advised to enter a caveat to temporarily prevent a grant of probate being issued while investigations are carried out.
Should the court find the Will invalid, it may revert to a previous valid Will. In the absence of an earlier Will the estate will be distributed in accordance with the rules of intestacy, which prioritise close family members. It is important to seek legal advice promptly, acting quickly can help prevent the estate being distributed before investigations are completed. Not all contentious probate disputes end up in court; many are resolved through negotiation or mediation.
This question has been answered by Sarah Talbot, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
