Relatives' Challenge to Will Fails

When a person dies, family members often believe that they are entitlted to inherit a share of the estate. However, in most cases there is nothing to stop people from leaving their assets to whomever they wish.

In a recent court case in Bristol, the niece and nephew of an elderly man claimed that his will - which left the bulk of his estate to two brothers, with whom he had been friends for years, and the rest of his estate to charity - was a forgery.

The man had suffered a stroke in 2001 and was visited regularly by the brothers until he died of natural causes in 2007, aged 90. The court heard evidence that he had not seen his niece or nephew for many years, but the brothers were frequent visitors. The man’s accountant testified that she had been told that he intended to give his estate to the brothers and both the witnesses to his will testified that he had asked them to witness his signature.

Faced with such solid evidence, the court concluded that the will was valid and rejected the claim of the niece and nephew.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Ask a free legal question

Complete this simple form if you
would like to ask us a
free legal question
 

What Our Clients Say

We would like to thank you for the superb work and attention to detail that has gone into our dispute with the council so far! 

Our Architect put together a very professional document which was further enhanced and polished by your very professional input. 

You are in fact unique in my personal experience of the legal profession in that you take your duty of care very seriously. It is obvious that the outcome concerns you greatly and your determination to win is much appreciated!

Thank you from us both. 

Best Regards
 
Mr and Mrs X, Surrey