The passing of a loved one is never an easy thing to deal
with. It can be made even more difficult if there are questions surrounding the
Will they have left behind, as this can cause disputes about the inheritance.
Legally, this is known as Contentious
To help those who find themselves disputing a relative’s inheritance, Melinda Giles has provided expert advice in relation to three common Contentious Probate scenarios. This week is the second in the series, which is all about the situation in which John finds himself when returning home from abroad after the passing of his mother. You can read the first in the series here.
I’ve been living abroad and would only come back to the UK once a year to visit Mum, who suffered from dementia. Sadly, she recently passed away. After her passing, I was shocked to find that she had made a Will appointing the next-door neighbour to be the Executor and would leave them half of her house. I recognised Mum’s signature on the Will, and it had been witnessed by two other neighbours. However, knowing what condition Mum was in, I’m sure she wouldn’t have understood exactly what she was signing at the time.
What Are John’s Options?
As with Jane’s scenario last week, John’s is another situation that can be challenged. It seems possible that John’s mother was either unduly influenced by the neighbour, or even coerced to make a new Will that she didn’t understand. Even if the Will had been made by another solicitor it can still be challenged, and a new solicitor appointed by John would be able to request their file in order to look through the evidence.
Do You Need Advice in Relation to Contentious Probate?
If you’re currently in a situation similar to Jane’s, then Giles Wilson’s expert solicitors offer services for Contentious Probate that have been recognised by The Legal 500 for high standards of client care. The team is led by Partners Philip Giles and Daniel Curnock, who are supported by qualified solicitors, trainee solicitors and paralegals.
Alternatively, view our related services on our website.