The loss of a loved one is a traumatic experience which can be escalated by disagreements over that person’s Will. As a result of complex family and domestic arrangements as well as the current financial climate, claims against estates are increasing.
These disputes involve sensitive issues and often immediate action is required in order to prevent the disappearance of money or property.
There are four main grounds on which a Will can be challenged:
- Lack of Capacity: where there is a concern that the person who made the Will did not understand it. Where there are doubts over a person’s capacity it will be necessary to consider their medical records and to obtain an opinion from their Doctor.
- Suspicious Circumstances: This can occur when a beneficiary has been involved in the preparation of the deceased person’s will, or there are errors and mistakes in the Will which cast doubt on its authenticity.
- Undue Influence: where there is a real suspicion that a person was bullied or forced into making the Will. Undue influence can also be by the continual but gentle pressure of someone to make or amend their will.
- Lack of Provision: When someone has been financially dependent on the deceased and has not been provided for. This can be adults as well as children.
When any of the above circumstances apply it is possible to obtain a “caveat” which prevents the Grant of Probate being obtained. This means the Executors’ of the estate will not be able to sell any assets or encash any accounts. A caveat must be obtained before the Executor’s have obtained the Grant of Probate and thus it must be put in place quickly. If not, it will be necessary to apply to Court for an injunction which can be very costly.
If you have suspicions about a Will in an estate in which you are involved, or if you are facing a claim against an estate in which you are the executor or a beneficiary you should seek immediate legal advice.
If you require any advice or assistance please contact Michael Culver on 01438 346000 (Stevenage) or 01234 858000 (Bedford), or via email at mb@hilliershrw.co.uk.
