How and Why Wills Are Challenged
- 12th August 2019
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The vast majority of people find it difficult to come to terms with deciding what will happen to their assets and loved ones after they die. For some, creating a Will is a fleeting thought and for others it is a constant reminder of our own mortality. In fact, some people actively avoid the subject or do not have a Will in place. What we all share is the feeling that our final wishes should be respected and carried out in the way that we would have wanted.
It is important when making a Will to seek advice from an experienced professional who is appropriately qualified and regulated.
An increasing number of Wills are being challenged in Court.
There are a variety of reasons for which a Will can be challenged. The most common reason is that the Testator/ Testatrix did not have required mental capacity at the time they made their Will. Another is that the Will has been rendered invalid because it was not drafted or executed correctly.
Both of these issues have arisen in cases that have made the headlines recently.
A taxi driver from East Sussex now faces a £50,000 court bill after a Judge ruled that the Will in which he benefited was invalid. The Testator had made a new Will whilst in a Wetherspoons pub leaving all of his estate to his taxi driver – leaving nothing to his lifetime partner.
It seems that despite their wealth and status in life that even celebrities fall short of ensuring that they obtain professional advice. The ongoing case of the late soul singer, Aretha Franklin, demonstrates the problems of a contested estate. Aretha Franklin’s family are currently locked in a bitter feud after it emerged that there was a handwritten Will written by Franklin.
It is easy to postpone making a Will. However, it would be a mistake to assume that, without having a valid Will, your estate will benefit those you care most about. By making a Will, you can ensure that your wishes are carried out and that you have made adequate provisions for your loved ones.
Speak with Maria Cosslett today for a friendly chat to discuss your options:
Call: 029 2022 4433
Mrs Cosslett is a Fellow of the Chartered Institute of Legal Executives, a member of the Society of Trust and Estate Practitioners (STEP) and a member of Solicitors for the Elderly (SFE).