Risks of challenging a willAugust 7, 2020
A recent newspaper court report described a case that is a powerful reminder of the risks involved in challenging a will and the dramatic consequences for a losing party. An adult daughter challenged the validity of her late father’s will, alleging that the testator was not of sound mind when he executed his last will.
The testator left a small amount of money to his daughter and the vast majority of his assets to charity. The charity contested the daughter’s claim and the court found in the charity’s favour. The losing party must now pay tens of thousands of pounds in legal costs and faces the prospect of losing her home to meet these liabilities.
Will disputes can be highly emotive and it is important that the parties receive clear advice from an experienced lawyer. Disputes and litigation always involve risk but good advice and action can mitigate those risks.
Walker Foster is experienced in dealing with will disputes so don’t hesitate to contact us to help.
This article must not be construed as legal advice. All cases are different on their facts and you should consult with us directly on your case.