The longer you wait to put your affairs in order the easier it could be to challenge the contents of your Will, as the following case of a woman of 90 who made her Will just 9 days ahead of her death demonstrates.
The woman had two children and left her total estate valued at £150,000 to her son, leaving her daughter nothing. The daughter challenged the Will on the grounds that the son had put pressure on their mother to sign the Will.
The judge heard witnesses state that the woman was strong willed and had firm wishes in the matter of who should benefit from her Will. The person who wrote the Will confirmed that the woman was decisive and determined that the daughter was not to receive a bequest.
The daughter accepted that her mother was mentally capable of making a Will that was valid. The judge ruled that there was no basis to believe that the brother had coerced or influenced his mother. Therefore, the High Court supported the judge’s ruling. It stated that the judge had based his decision on the facts of the case and had applied the law appropriately.
Whilst the Will was proved to be valid in this case, considerable strain and stress was endured by the involved parties as well as additional expenses, which could have been avoided.