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Inheritance dispute claim upheld as will proved to be invalid

15th May 2013

A solicitor for Wills can advise clients on how to ensure a Last Will and Testament is valid, and can help mitigate the chances of an inheritance dispute following the testator’s death.

The case in question involved a man who had left his entire estate to his eldest son, but dispute arose when it was claimed that the required witnesses had not signed the Will in each other’s presence.

The court heard that the first witness to the Will had signed it at his home in the presence of the testator, but as the document had been folded he did not see the contents.

The executor, the eldest son, claimed that the witness was mistaken and that he had obviously forgotten what had happened at the time he signed the Will.

In the first instance the court felt it was unlikely that this was a reasonable explanation and in the Court of Appeal, the judges agreed with the original ruling.

The application to dismiss the action for revocation of probate was summarily refused.

 

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