Q: My aunt always told me she had left me ‘a good sum’ in her Will. I was her only niece, and we were extremely close as my mum, her sister, died when I was five. She had no children of her own and I spent every school holiday and many weekends with her. Her first husband died leaving her well provided for. Then she met a man on a cruise seven years ago and quickly married him. I never liked him and I felt he’d married her for her money. Now she has died and I have been left nothing in her Will, which was made recently and leaves everything to her husband. I am sure this is not what she intended. Can I challenge the Will?
A: Challenging a Will is not easy and there must usually be a legal reason to dispute it. This could for example be concerns that the person making the will lacked mental capacity or did not understand or approve the contents of the will, or that they had been placed under undue influence to benefit or not benefit someone in the Will. Other valid reasons for challenging would be that the Will was not signed and/or had not been witnessed correctly. In some cases, there may also be concerns about fraud or forgery.
Did your aunt ever give you a copy of her earlier Will, the one she discussed with you? If so, this may be relevant as an earlier valid Will can sometimes take effect if the latest Will is for some reason found to be invalid. Before making a challenge to a Will it would be advisable to speak to a solicitor who can assess any evidence you have to support your belief that the final Will was not what your aunt really wished for. The solicitor can explain the likely costs and risks and help you decide whether negotiation, mediation or court proceedings may be appropriate.
This question has been answered by Ulia Choudhry, 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
