Challenging the validity of multiple wills: unravelling complex will disputes

Background

We were recently approached by family members who were very concerned about the authenticity and validity of a series of Wills drafted by their late father before he passed away. Sadly, it was only once their father had died did the family members realise that seven Wills has been created, each of which contained striking differences.

In particular, the beneficiaries named in the first Will who were previously close family members had all been replaced with individuals who were living overseas (who were not related). Each Will contained slight differences in the amounts which were left to these beneficiaries, with some names replaced or altered.

Since it was unclear who had helped draft the Wills for the testator, the family members were suspicious of possible undue influence exerted over the testator while he was in hospital and in the months leading up to his death.

How we helped

To address the family’s concerns, our experienced litigation team embarked on a thorough investigation of the circumstances leading up to each of the Wills being written. This involved a thorough analysis of several hundred email, text and WhatsApp messages with the individuals overseas. It quickly became apparent that a number of people had taken advantage of the testator’s generosity by encouraging him to transfer sums to them while he was alive, as well as making arrangements for legacies to be left for them in the testator’s final Will. The aim of our investigation was to ascertain the testator’s true intentions, as well as scrutinising the validity of the Wills (two of which were not executed correctly).

Larke v Nugus Request

Given the complexity of the case and the involvement of a non-solicitor executor, we decided to employ a strategic legal manoeuvre known as a Larke v Nugus request. This formal request was crafted to extract crucial information from the law firm that assisted with the preparation of the Wills. The request aimed to uncover insights into the preparation of the Wills, the instructions provided by the deceased, any pertinent medical history, and details regarding witnesses to the Will’s execution. By utilising a Larke v Nugus request, we sought to shed light on potential irregularities and discrepancies in the drafting and execution of the contested Wills.

Response and Further Inquiry

The law firm appointed to deal with the estate administration responded to our Larke v Nugus request, providing comprehensive answers to our inquiries. Armed with this information, we proceeded to draft detailed questionnaires tailored for the individuals who had acted as witnesses during the execution of the various Wills. These questionnaires were designed to extract additional insights and corroborate the evidence gleaned from our earlier investigations.

Throughout the process, our highly experienced solicitors provided support and guidance to the testator’s family. As is often the case with contested Wills, precision and diligence were crucial to ensure that our clients’ interests were safeguarded and they were provided with information and answers to assist their claim of undue influence.

The case above highlights the importance of vigilance and engaging with suitably qualified legal experts from the outset of any matters where a contested Will or probate is involved. Through the use of a Larke v Nugus request and conducting meticulous investigations, we were able to unravel the some of the circumstances surrounding the preparation of the Wills and allow for a potential challenge to their validity.

If you find yourself grappling with doubts about the validity of a Will or are contemplating legal action to challenge its contents, we are here to provide comprehensive guidance and support. We offer a complimentary 20-minute introductory call for all new matters, providing a no-cost, no-obligation opportunity for us to better understand your situation and provide you with clarity as to how we can assist. If you would like to arrange a call with us, please email wewillhelp@jonathanlea.net.

Disclaimer: The case studies on this website are provided for illustrative purposes only and do not constitute legal advice. All identifying details have been removed or altered to protect client confidentiality. Outcomes described are specific to the circumstances of each case and may not be indicative of future results. You should seek independent legal advice before taking any action based on the information provided.