Overturning a will: A court has overturned a will on the grounds of both undue influence and a lack of testamentary capacity. Here’s what happened:
The deceased and his wife had executed mirror wills, broadly dividing their estate equally between their five children. However, the deceased later made a new will leaving his entire estate to his eldest son.
One of the other children (a sister of the beneficiary) contested their father’s will. The sister was supported by her other siblings who gave evidence in support of her challenge.
The sister sought a declaration from the court that their father’s later will was legally invalid on the grounds that:
- He lacked the required testamentary capacity to make a will at the time it was executed; and
- His will was the result of undue influence exerted by her brother against their father.
The will was successfully contested and the court declared that it was legally invalid. This meant that the father’s estate passed to his wife under his earlier mirror will, and then onto the children equally under her mirror will.
How we can help you with overturning a will
For specialist guidance on overturning a will contact our team of specialist contested wills solicitors. We deal with cases nationally and are often able to work on a No Win, No Fee basis. We also offer a free case assessment service.
Call us on 0333 888 0409 or send an email with details of your case to us at [email protected] and we will provide you with a free case assessment and guidance on whether no win – no fee funding will be available.