Over our lifetimes, we accumulate wealth and assets, which we might choose to pass onto various family members, friends, or charitable causes after we die. But there’s a problem: after we die, we’re not capable of overseeing this process.
The world of law provides a solution, in the form of a will. This is a document that describes, among other things, how you’d like your estate to be apportioned. In a majority of cases, wills are administered without difficulty. But sometimes, they can be contested. One person might have a different perspective on what the will actually says. Another might harbour concerns about how the will was created.
When Unexpected Changes Raise Questions
Suspicion could arise when major changes are made to a will, and there’s no obvious cause. If the will being considered differs substantially from previous versions, then it might be that the deceased had a change of heart – or it might be that wrongdoing has occurred.
The stronger the paper trail, the easier it will be to deal with these suspicions. Attendance notes and contemporaneous records might be what helps to resolve the problem swiftly.
Understanding Capacity and Decision-Making
The term ‘testamentary capacity’ refers to the ability of the deceased to understand the full implications of the changes they’re making. This is particularly relevant if, late in life, the deceased suffered from cognitive impairments, like dementia. Demonstrating this might invalidate a will – but this will often require medical records, and testimony from professionals.
The Role of Undue Influence in Will Disputes
A person doesn’t need to have a mental impairment for doubt to be cast on the contents of their will. What if the deceased were coerced into making changes that they would not otherwise have considered?
There are grey areas to consider here. It can be difficult to distinguish mere persuasion from blackmail. Making this distinction will require hard evidence.
Why Witnessing Errors Can Create Problems
For a will to be valid, it will need to be signed and witnessed. But what if doubt is cast on the validity of this witness? A close relationship between the signatory and a potential beneficiary might be all that’s required. Or, outright fraud might be involved. In any case, disputes surrounding the witness can lead to problems later on.
Multiple Wills and Conflicting Instructions
Sometimes, several wills might exist. In this case, we’re left with the challenge of determining which one is the final valid one. This often involves close examination of the revocation clause (this being the statement at the start of a will that declares previous wills from being used).
When Professional Advice May Be Needed
Will dispute solicitors might be summoned when there’s no clear path forward. With their help, the full implications of every part of the will might be examined, and any objections might be ironed out. This might involve a fee, of course, and so the size of the estate will need to justify the expense. When there’s a huge amount of wealth at stake, this clarity might be worthwhile.
