Contested Wills are becoming more commonplace in the legal arena. Due to this it has become increasingly important that when creating your Will you use a specialist Probate solicitor to ensure that your wishes are protected against unwanted inheritance claims.
Even so, after making a will, there is always the chance that a relative or other person will challenge its contents. A recent case highlights what can happen, where a woman who had left 2million pounds to the RSPCA had her will successfully challenged in the High Court by the daughter who had cared for her.
A will can be challenged on three main grounds. Firstly, the will can be challenged if the person making it, the testator, can be shown as not completely in charge of their mental faculties. This can be difficult, for even people suffering from Alzheimer's, for example, can have lucid days when they are completely mentally alert. Was the will signed on one of these days? Getting hold of the right evidence can sometimes be problematic in such cases.
Secondly, it needs to be proved that there was no coercion or malign influence at work when the will was drawn up. Again, this can be difficult to prove, and, as above, can be a lengthy and very expensive process, which should not be approached lightly. The first step in any case should be to talk to specialist probate solicitors, who will be able to advise you on the likely outcome and legal costs of pursuing such an action.
A third reason for challenging a will is where a surviving relative feels that not enough of the estate has been awarded to them. Under the terms of the Inheritance Act, the claimant must show that he or she was dependent on the deceased at the time of their death. The courts take this sort of inheritance claim very seriously, and will not be happy with anyone who sees the Act as a charter for scroungers, and thinks that they might as well try to get a bit more money for themselves.
In all cases, specialist probate solicitors will be able to give you the best legal advice. In many cases, an expensive and highly divisive court action can be avoided if the claimant's probate solicitors and those representing the executor can come to an out-of-court settlement.
If the research shows that the deceased person simply changed their mind, then contesting a will is unlikely to be successful. Inheritance claims have to show that the deceased person was either not mentally capable or were forced to change their minds and that is so difficult to prove.
For example, it is easy for people to disagree over something. So, as an example, two members of a family fall out about something. As a result Person A writes Person B out of their will. Then sadly Person A dies. The question to be answered with regard to any 熊本 相続 claims is whether Person A was of sound mind when they re-wrote their will or whether or not they were mentally unfit at this point in time. Or was Person A effectively forced into re-writing their will because Person C put undue influence on them and Person C will now stand to inherit most of the estate?