Can a suspicious will be overturned?

A highly suspicious will has been overturned by the High Court.

Background to the case

Following a dispute over the validity of her late father’s will, Ms Anju Patel has been ordered to pay legal fees in excess of £400,000 to her sister, Ms Bhavenetta Stewart-Brown.

A mere two months before his death, Mr Laxmikant Patel executed a will that left the vast majority of his estate, including his £600,000 house in London, to Ms Patel. To his remaining children, Ms Patel and brother Piyush Patel, the late Mr Patel left only £250.

Decision of the High Court

After hearing arguments from both sides, the High Court determined that it was a “highly suspicious” will, noting real concerns as to whether the will had been signed with either proper procedures – identifying in particular inconsistencies in the statements produced by the witnesses to the will’s execution – or with knowledge and approval of the late Mr Patel.

Having determined that the late Mr Patel’s prior will should take effect instead – splitting the estate three ways between his children (about £250,000 each) – the Court determined that Ms Patel, as the unsuccessful party in this case, was responsible for paying the legal costs of her sister, in addition to her own undisclosed legal fees. Ms Stewart-Brown’s costs alone were estimated to be approximately £450,000.00; a bill that far exceeds her ultimate entitlement from the estate.

The decisions of the Court in this case serve as a valuable warning about the potential expenses of litigation, and the importance of considering it as a last resort where all other avenues for negotiation or mediation have failed.

Ms Patel’s commitment to defending her late father’s last will turned out to be a costly mistake that also highlights the importance of seeking advice from inheritance and trust dispute specialists.

How we can help you with a suspicious will dispute

If you require expert guidance on a highly suspicious will, or are involved in a will dispute, then our specialist SRA regulated contentious probate solicitors have the expertise to assist. Contact us today for a free consultation.

Call 0333 888 0409 or email info@contesting-wills.co.uk

Can a suspicious will be overturned?

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