Client Case: Mrs W And The Challenge Made To Her Will

A client case – Mrs W and the challenge made to her Will

The Situation

Mr and Mrs W created their Wills with our Firm leaving their estates to each other and thereafter to their children equally. When Mr W died Mrs W inherited his Estate. Mrs W had significant health issues and needed care, one daughter cared for her and the other daughter gave her very little time. Gradually the relationship broken down and Mrs w was not allowed to see her grandchildren. Mrs W then made a new Will removing that daughter estate entirely.

The Problem

Mrs W’s remaining daughter who was also her Executor came to our Firm after her mother died because the sister had placed a caveat, preventing her from obtaining the grant of probate. Mrs W’s daughter claimed her mother had been unduly influenced and also claimed she lacked capacity due to her physical health issues

The Solution

We managed to defend the validity of the Will due to the detailed attendance notes our Firm took at the time of creating the Will, and the enquiries we made with the witnesses. The executor was then able to proceed with the administration if the Estate in accordance with her late mother’s wishes.