In recent years, we have seen numerous high profile cases relating to disputes over estates and farming succession. This could be as a result of an increase in land values, development potential, more children exploring alternative careers and a lack of clear succession planning within families.

It is a common misconception that once a Will has been executed, it becomes final and indisputable. This is simply not the case and a Will can in fact be disputed on a number of grounds.

 

Why would you dispute the validity of a Will?

You may wish to dispute a Will if you were previously set to benefit under its terms, prior to it being changed to exclude you or decrease your benefit under it. This can often be the case when the deceased re-marries and leaves the entirety of their estate to their new partner, or one child is excluded from their parent’s Will as a result of pressure from another child.

 

Grounds for disputing the validity of a Will

There are five grounds under which a Will can be disputed.

If you believe that at the time of making the Will, any of the circumstances below applied, you may be able to challenge the validity of the Will:

  • The Testator (the person who made the Will) did not possess the mental capacity to make the Will and/or
  • The Testator did not fully understand the contents of the Will despite having mental capacity and/or
  • The Testator was coerced or pressurised by someone or others to make the Will and/or
  • The execution of the Will did not comply with the statutory requirements to create a valid Will and/or
  • A clause in the Will or the Will itself was completed in a fraudulent manner

If you successfully disputed the validity of the last Will of the deceased, the Court would pronounce in favour of the deceased’s previous Will (if there is one) or the intestacy rules. The intestacy rules are the rules which govern the distribution of a person’s estate where there is no Will or no valid Will. This means that you would either inherit in accordance with the previous Will or the intestacy rules. Clearly there is little point in disputing the validity of the Will unless you stand to receive a greater benefit from the estate under the previous Will (if there is one) or the intestacy rules.

 

The case of Schrader v Schrader

The case of Schrader v Schrader demonstrated the successful challenge of the validity of a Will as a result of undue influence.

The deceased, Jessica Schrader made a Will in 1990 leaving her Estate equally to her two sons, Nick Schrader and Bill Schrader.  In 2006 the deceased made a new Will gifting the entirety of her Estate to Nick. The Estate mainly consisted of South End Farm House. It was anticipated the property was worth in the region of £320,000.

Bill attempted to dispute the validity of the Will made in April 2006 on the grounds that either his mother lacked the necessary mental capacity to make a valid Will or had been “unduly influenced” by his brother to make a new Will which departed from the provisions of the Will made in 1990 splitting the Estate equally.

Bill asserted that both his late mother and father had treated both brothers equally over the decades and that his mother would not have intended to depart from this approach of her own will.  The Court heard evidence that after Nick moved into the property with the deceased in 2005, she became very quiet and sheepish and was said to have been afraid of Nick.  There were various assertions that Nick was aggressive, short tempered and a violent man. Despite the strained relations between the brothers they continued to live 25 metres apart. It was suggested the deceased was fully aware of the difficulties created by Nick’s hostility to Bill to the extent that when Nick was out the deceased would place a piece of card in her window as a signal to Bill that it was safe for him to visit her.

After a four day hearing the High Court ruled that the deceased made the new Will leaving the entire Estate to Nick as a result of Nick’s undue influence over her. The original Will made in 1990 was reinstated restoring Bill’s half share of the property worth in the region of £160,000.  Not only will Nick lose half of the property but he also faces paying costs in the region of £110,000.