Dispute Over the Validity of a Will

Date: December 2007

Simon Wolfe was involved in a case which hit the national headlines regarding a claim by a deceased lady's family that the last Will which the lady executed before her death was invalid by reason of "undue influence".

Broadly speaking, this means that the person signing the Will only signed under coercion from those around him or her. Where a suspicion of undue influence is raised, it is up to those who seek to rely upon the Will to satisfy the Court that the person making the Will knew and approved the terms of the Will. But it is for those attacking the Will to satisfy the Court that the Will was only signed because of coercion having been placed on the person signing.

In this case, the Will made left almost the whole of the lady's extensive Estate to her housekeeper and the housekeeper's family. The family of the lady who made the Will subsequently alleged that the Will had only been made because of the coercion which the lady had been placed under by the housekeeper and her family.

After hearing evidence from a large number of friends and family of both sides, the Judge decided that the Will was valid and that the lady's Estate could, therefore, pass to the housekeeper and the housekeeper's husband.

For more information contact Simon Wolfe

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