Individual / Will Disputes & Contentious Probate
As people’s assets have become more and more valuable over the years there has been a rise in Wills being contested in court due to people being influenced by others. There have been cases of the elderly and vulnerable having pressure put upon them by so called ‘friends’, relatives or even care-workers, to change their Will.
Challenging the Will of a loved one can be a stressful and upsetting time. The specialist team at Gorvins Solicitors can help you understand what you need to do. To talk to one of our wills dispute experts, call us on 0161 930 5151, e-mail willdisputeteam@gorvins.com or contact us online and we will call you straight back.
For a Will to be valid, the person making the Will must not be influenced by anyone else’s opinions. Evidence is always the issue with undue influence.
How do you prove that the deceased was unduly influenced, in conversation that by its very nature is likely to have taken place only between the deceased and the ‘influencer’?
It may be possible to gather evidence from witnesses such family, friends and carers who the deceased confided in, and a medical report as to the deceased frailty or vulnerability may assist in proving that undue influence has occurred.
However, the best evidence that there has, or has not, been undue influence is to show that the deceased received independent legal advice at the time when the Will was drafted. If this was the case then evidence will be needed as to the circumstances surrounding the meeting, the influencer’s presence and involvement in the meeting, and any subsequent instruction to make or amend a Will.
In an allegation of undue influence the onus is on the ‘influencer’ to prove that the deceased was not unduly influenced. However, if the allegation is found to be unfounded the Court may order the person making the allegation to pay costs.
It is essential to seek the advice of our experienced solicitors if you believe that a Will may have been made under undue influence. To talk to one of our legal experts, call us on 0161 930 5151, e-mail willdisputeteam@gorvins.com or contact us online and we will call you straight back.
