Successfully defending the validity of a Will: A real-life case study
Contentious probate partner, Naomi Ireson, has succeeded in defending the validity of a Will.
When her client’s father died, his Will was challenged by her brother. He alleged that their father’s Will was invalid on the basis that he lacked mental capacity and was unduly influenced by our client.
The Will had been prepared by the father’s long-standing solicitors (who he had instructed for many previous Wills). The Will left a legacy of £10,000 to his son and monetary gifts to other beneficiaries, but the residuary estate was left to Naomi’s client.
When the claim was made Naomi managed to secure supportive evidence from witnesses showing that the deceased had mental capacity and acted on his own free will. She also obtained evidence from the solicitors who prepared the Will and the deceased’s GP.
The brother went to the expense of instructing solicitors and a barrister to prepare the claim for the commencement of court proceedings. Draft proceedings were submitted and Naomi responded with a draft defence and counterclaim. This was enough to convince the son and his solicitors not to go ahead with their threat to issue court proceedings. They agreed to withdraw the claim and remove the caveat. This meant that Naomi’s client was finally free to administer the estate as her father wished.
Her client was delighted with the result and the service provided by Naomi and the team, and she left us this review:
“Naomi Ireson, with the help of Sharnie Jenkins and the rest of the team were absolutely amazing. It was such a stressful time but Naomi had my back through it all, and pursued the case relentlessly. Her expertise and competence in her field is exemplary and I never once believed that there would be a problem. The team kept me informed at all times and were always easy to talk to. I would recommend them in a heartbeat.”
If you need assistance with defending the validity of a Will then Naomi and her team are here to help. Our Legal 500 recommended lawyers will be happy to review your case free of charge and provide details of No Win, No Fee funding.
Call us on 0333 888 0409 or send details to us by email at [email protected]