Contentious probate
We prepared a Will for a terminally ill client, which was challenged by her adult son after her death. He claimed that she did not have testamentary capacity to make her Will, that she did not know or approve of the contents of the Will and that she was subject to undue influence by her daughter.
The Testatrix did leave a sum of money to her son but the bulk of her estate was left to her daughter. When making the Will, we asked the Testatrix to confirm why she had made no frther provision for her son and her reasons were recorded in a detailed attendance note. This was to ensure that there was clear evidence of why the Testatrix made her Will in the terms that she did, so as to make any claim that the Will was invalid more difficult to pursue.Ultimately, her son conceded that the Will was valid but then put forward a claim under the Inheritance (Provision for Family and Dependants) Act 1975, on the basis that the Will did not make reasonable financial provision for him.
Under the 1975 Act, the wishes of the deceased are not a determining factor in the success of a claim. The financial needs and resources of the Claimant, which will be considered as at the date of the Court hearing (not the date of death or the date the Will was made) is one of the relevant factors that the Court will take into account
