When a testator dies, in many cases it is assumed that their Will will be a straightforward document and the Probate process will be problem-free.
However, Wills solicitors in North Wales have noted that it is becoming increasingly common for Wills disputes to happen if appropriate legal advice is not sought, and some recent cases have highlighted this issue.
One such case involved the questioning of a testator’s capacity after their Will was amended from a previously standard version. When a gentleman named Laxmikant died, two out of three of his children disputed his Wills contents. A long-term family understanding was that Laxmikant’s estate would be divided equally between the offspring, however, after his death, a more recent Will was discovered that left the bulk of his estate to one child.
The two siblings excluded from the Will, sought a legal outcome, claiming that undue influence was used by the sister who benefited the most from his Will. The court declared that after Laxmikant was isolated in his hospital ward, the main beneficiary of his Will was able to persuade her father to change it. Solicitors also noted that this case questioned the appropriate witnessing of this document. The judge, therefore, discounted the most recent Will and reinstated the older version that treated the children more fairly. The judge also strongly advised that legal experts should be used when anyone is making a Will.
Look to us today at Bennett Smith Solicitors for an appointment to seek advice on making a Will.
