By making sure your Will is clearly drafted and properly executed, you can reduce the possibility of a successful claim against your estate within the family. This is one of the more compelling reasons to see a solicitor to make your Will. In the following case there was a £16 million estate to deal with which caused division between a man’s two children.
The Will was straight forward in that the man left everything to be split between the two children. There was an earlier Will that was different in that the daughter’s inheritance would end when she died, and would be given to her brother, or if he died before, to his children.
The son instigated proceedings against the execution of the later Will as he believed that his father, who died at the age of 92 did not know and approve the contents and did not understand the implications of it. He believed that the previous Will should stand.
The High Court rejected the son’s claims that his mother and sister had manipulated the situation and colluded in undermining his father’s wishes. The High Court found that this belief clouded the son’s judgement and that the arguments that he was raising did not support his claim.
The Court was convinced that the deceased was aware of the ramifications of the contents of his Will and there was nothing sinister or unusual and therefore the son’s claim was rejected.
If you would like more information on the subject of writing a Will then please contact us by telephone at our Corby office on 01536 276300 or call our Kettering office on 01536 311690 or simply get in touch online by clicking here.