Wills and Probate specialist Mark Cannon outlines some case studies of Contentious Probate and when it can occur.
Problems with wills can generally occur for one of two reasons:-
1) Someone makes an error.
For example; Granny wants to leave £10,000 to her favourite grandson Wayne. She asks a local solicitor to prepare a will. Unfortunately, the local solicitor delays drafting the will. He leaves it for two months. Granny passes on and the new will has not been signed. Wayne is able to make a claim against the solicitor for his negligence in not preparing the will in time. This is one example of how a solicitor or will writer can make an error which can give rise to a claim in professional negligence.
Your grandmother makes a will and leaves her house to the cat’s home. You look at the will and it doesn’t seem right. Perhaps, it’s a homemade will, perhaps the signature isn’t quite right. It turns out to have been tampered with, and you could ask a court to declare it “invalid”. The cats miss out, but the house stays in the family.
2) The will seems to be “wrong”.
These situations are becoming more common, as are claims where you feel you have been badly treated. For example, you may feel your parents have over looked you in their wills. You were expecting £30,000, and it all went to a dogs’ home. If you think this is wrong, then you may be able to ask a judge to overturn the will.
There was a case settled by the courts recently where a mother left her considerable estate to charities. She left nothing to her daughter. The court looked at the will, changed it, and awarded £164,000 to the daughter.
It may be that your father left everything to your sister, and nothing to you. You suspect that your sister nobbled your father, and influenced him to change his will. You could get it changed.
Your mother remarried her dancing instructor, she died without making a will, and he ended up with the family house. He already has children from his first three relationships. You are worried that you will get nothing. Depending on your circumstances, you could make a claim.
To summarise:
• If the will is a forgery, you can get it cancelled.
• If a solicitor has made an error, you can make a claim against their firm.
• If you have been disinherited, you could make a claim
All these problems come under the heading of Contentious Probate.
We can advise you on your options, we can assess the strength of your case, and we can act on your behalf to get matters put right.