If you feel that someone’s Will does not accurately reflect their wishes, you may be able to take action to challenge it.
In one case a man had a Will in which he left everything to his son. He later became terminally ill with motor neurone disease and some months before he died, changed his Will by codicil to leave his partner of 12 years a yearly annuity of £12,000, a car, and the right to live in their shared home until she died.
His previous Will had left notes that his executor (also his son) should provide for his partner, but did not leave her anything from his estate.
Challenge to deathbed Will change
The man’s son challenged the codicil, claiming that his father was not of ‘sound mind’ when it was made due to his disease and alcohol abuse, and that he had not appreciated the consequences of changing the Will. The son put forward medical evidence to back up his claim.
The man’s partner refuted the claim and put forward her own medical experts to support her case.
As the codicil had been prepared by a solicitor, the High Court refused the son’s challenge as it had been drafted by an experienced, independent solicitor who took necessary precautions in regard to mental capacity when drafting the codicil.
How Nelsons can help
Kevin Modiri is a Partner in our expert Inheritance Disputes team.
Should you have any queries relating to the topics discussed in this article, please do not hesitate to contact Kevin or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.