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£1.2m battle over mother’s legacy to toyboy lover highlights perils of will disputes

Cherry Reynard
Written By:
Posted:
14/07/2014
Updated:
14/07/2014

The recent High Court battle over a mother’s £1.2m legacy shows that will disputes are more common than people think, argues Emma Myers, Head of Wills, Probate and Lifetime Planning for Saga Legal Services.

Elizabeth Walker died from a brain tumour in 2010, aged 53. She left half of her £1.2m farmhouse in Kent to her younger lover. Her daughters – Alison Walker and Jennifer Rowan – launched a legal battle, arguing that the will was invalid because their mother was ‘delusional’ at the time. The case has now gone to the High Court.

“Disputes in Wills are more common than people realise and can have a devastating impact on a family” says Myers. “All too often the truth only comes out after a loved one has passed away. There are a number of reasons Wills are disputed, including if someone believes they have been unfairly left out, if they lacked mental capacity when the Will was written or if it was felt they were perhaps coerced into signing a Will.”

“If you suspect a Will has been made under duress or is invalid you must first consult a solicitor, who will be able to investigate the circumstances and then submit a “caveat” to the Probate Registry – a notice that places the Probate process on hold.”

“If you decide to contest a Will on the grounds of mental incapacity, medical evidence is required to prove that it is invalid. Be aware that the cost of disputing a Will can run into the thousands depending on the claim. If a Will is proven to be invalid, any prior Will made will be admitted to Probate, however if a previous Will doesn’t exist then the Rules of Intestacy will apply to the Estate.”

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Myers suggests that people seek specialist advice when making their Will to minimise the chances of it being disputed.