Growth Of Contentious Probate Cases

The rise in contentious probate cases reaching the high court has risen sharply in recent years according to Belfast solicitor Fiona Wallace. The increase in cases has been reported in England, Wales and Northern Ireland says Fiona of Carson McDowell.

In the article published 25 November 2013, Fiona discusses two cases heard in 2013 which she describes as a year of some" interesting judgements relating to contentious probate."

Undue influence over the testator or the person who dies leaving a will is largely the cause of contesting a will but although the case is frequently heard it is difficult to prove. Cases where the testators will is contested demonstrate that it is always best to seek legal advice and together with a solicitor obtain a clearly written will.

As Fiona Wallace describes in one of her recent cases, persuasion itself does not always provide the basis for a good case as it seems the bar has been set at the dizzy heights when it comes to undue influence. In the case of Brennan V Prior & Others, Ms Brennan challenged the will made by her father on his deathbed as she believed there had been undue influence exercised by her father's siblings.

The basis of Ms Brennan's case had been that her father throughout his lifetime had assured her she would be well provided for although he never actually made a will. When just 12 days before her father passed away, he made a will on his deathbed, Ms Brennan stood to inherit just £100,000 of his fortune. A cool £500,000 was left to his siblings leaving Ms Brennan convinced they had unfairly influenced her father in his final days.

It seems there is no substitute for a clear, concise will made in timely fashion when amassing a personal fortune as Ms Brennan discovered when the judge ruled the will valid.

If you need to speak to a solicitor about making a Will, organising probate or selling a property please call our Preston Solicitors on 01772 882 888 or email info@ellencourt.com.

Ellen Court Solicitors

Preston Conveyancing Solicitors

Tel: 01772 882 888