Holmes & Hills Solicitors’ specialist contentious probate lawyer, Rachel Shaw has today appeared on BBC Essex Radio discussing some of the issues that may arise when a Will is disputed by a loved one.
A Will is put in place in order to ensure assets are distributed in accordance with the loved ones wishes. However, disputes can arise for a number of reasons including more complex family relationships, changes in circumstances and mental capacity as well as the correct interpretation of the law, when people undertake the role of Executor themselves and potentially make errors when undertaking their duties.
In particular, radio presenter Dave Monk and Rachel discussed the issues surrounding mental capacity in relation to an on-going case whereby a previous ruling relating to mental capacity and the law of Banks and Goodfellow 1880 enabled a daughter to be entitled to a share of the estate as it was deemed that her mother's Will was invalid due to limited mental capacity. The ruling is now being challenged by the son, who believes the Mental Capacity Act 2005 supersedes this ruling, and that in accordance with his mothers Will, he should be entitled to the entire estate.
Rachel also discussed how disputing a Will can be incredibly complex owing to the various legal nuances in place and the emotional impact that disputes can have on family and loved ones. If you believe you have grounds to dispute a Will, specialist legal advice is imperative. Holmes & Hills’ specialist contentious probate solicitors are able to offer expert legal advice and have 6 offices across Essex and Suffolk. Rachel provides advice and representation to hundreds of executors and beneficiaries across East Anglia each and every year.