SUCCESS STORIES: CONTESTED PROBATE CASES
Claim for Maintenance
Recent acted for two children for a claim for maintenance under the Inheritance Act. Given the Children’s age they where represented by the Deceased’s former Wife and Mother of the children.
The Deceased failed to leave any provision for the two children, this was despite the fact that regular maintenance payments where made prior to his death.
The Executor of the Deceased failed to disclose the will, and disputed the claim. Following the issue of Court proceedings and lengthly negotiations our clients claim was successfully settled for a six figure sum.
Breach of oral agreement to vary will
Recently acted for M, the Daughter of the Deceased.
The Deceased had provided very clear oral assurances to both M, as well as her Son that her estate would pass in equal shares. The will was in stark contrast to the agreement reached, with the Son of the Deceased inheriting the majority of the estate. Given the very clear assurances given by both the Deceased, and the Son of the Deceased, a breach of contract claim was commenced with contemporaneous evidence supporting the oral agreement. After 9 months of negotiations a five figure sum was agreed in favour of our client.
Claim in regard to the validity of a will
Acted for M in a dispute relating to the execution of her Mother’s will. Whilst the will appeared to be signed, dated and witnessed, evidence from the witnesses crucially showed that neither witness actually witnessed the deceased signature. The Court concluded the will had been incorrectly executed under the Wills Act 1837, such that an earlier will in favour of M was held to apply by the Court.
Loss of an Original Will
Over the course of the last year we have acted in a number of cases involving copy wills in which the original will could not be located. In both cases we where successful in our application to the probate registry, our application supported by a detailed affidavit setting out why the will was the deceased’s final will, how there was no prejudice to any of the living relatives while we also obtained statements from witnesses to the will showing due execution.
Copy Will
We recently acted C, the Son of the Deceased.
The only will that could be located was an old copy will in which the beneficiaries, where two old friends to whom the deceased had not seen for over 20 years. There was evidence that the deceased had instructed solicitors on several occasions to change his will, while witness evidence showed the deceased regularly writing DIY wills, and frequently destroying old wills. The court concluded that the copy will was invalid with the deceased dying intestate. Our client was successful in inheriting the entirety of the deceased’s estate.
Claim in regard to the validity of a will
Acted for M in a dispute relating to the execution of her Mother’s will. Whilst the will appeared to be signed, dated and witnessed, evidence from the witnesses crucially showed that neither witness actually witnessed the deceased signature. The Court concluded the will had been incorrectly executed under the Wills Act 1837, such that an earlier will in favour of M was held to apply by the Court.
Lack of Capacity
Acted for M, the Daughter of the Deceased. The Deceased changed his will shortly before his death in favour of a carer who had befriended the deceased shortly before his death.
All previous wills had left the entirety of the estate to M. Evidence showed the deceased suffering from Alzhimer’s disease. The will was home made, with neither witness able to give evidence as to due execution. Medical evidence also showed the Deceased as suffering from severe mental impairment, with his short term memory severley impaired. Lenthly negotiations resulted in a six figure settlement in favour of our client.