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23/10/2009
Complicated families 'causing more will disputes' |
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The increasingly complex nature of contemporary family structures is causing an increase in the number of wills being disputed in court, it has been stated.
Midlands-based will disputes lawyer Adam Draper told the Birmingham Post cases include those such as Dr Christine Gill, who successfully overturned a will that left her mother's farm to the RSPCA.
The ruling agreed that her late father "coerced" his wife into leaving the property to the charity instead of to the couple's only child.
Mr Draper said: "The court will find that a will is invalid if the person who made the will did not have capacity, was subject to undue influence or did not understand the nature of the document they signed."
He noted that other cases can see wills overturned if no "reasonable" provision is made for people such as dependent children or spouses.
Those keen to avoid such disputes may wish to see a lawyer skilled in will drafting to ensure this.
Earlier this week the president of the Fellowship of Professional Willwriters and Probate Practitioners warned that unregulated and unskilled practitioners are producing documents that will face legal problems.
Written by Pauline Adams
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