Obtaining legal advice is absolutely necessary in any disputed will matter. Emotions run high and often, without legal advice, those emotions can blind someone to the actual facts that have led to the dispute.
In the case below, it appears emotions blinded a claimant which led to an adverse decision against him. The legal costs he will have incurred and also will have been ordered to pay by the court could have been avoided had he sought sound legal advice from the outset.
Family inheritance disputes can be witheringly sad and it is absolutely essential to seek independent legal advice to ensure that peace prevails after you are gone. In one case, a man’s death, leaving a £16 million fortune, raised the curtain on years of venomous dispute between his two children.
The man’s will was as simple as could be, in that it left his estate equally between his son and daughter. However, by a previous will, the daughter had been left her share only for her lifetime. That would have meant that, on her death, her inheritance would have passed to her brother or, if he did not survive her, his children.
Following the man’s death, aged 92, his son launched proceedings, claiming that he lacked knowledge and approval of the contents of the later will at the time of its execution. He argued that the earlier document was his last true will.
In rejecting those arguments, however, the High Court found that the son had lost all sense of perspective about the case, to which he had devoted himself full time for three years. He had persuaded himself, contrary to the evidence, that his sister and his mother had engaged in a conspiracy to overcome his father’s free will.
There was nothing remarkable or suspicious about the man’s decision to make an equal and outright division of his estate between his children, and the Court had no hesitation in concluding that he was fully aware of the nature and effect of the document he was signing.
