There was an interesting article in the Telegraph about a contested will.

In a nutshell, 2 brothers are arguing about their mother’s will.  She had written the younger brother out of the will after a dispute about the business they co-ran.

The disinherited brother argued that their mother did not have mental capacity at the time she made the will; the older brother’s wife gave evidence that her mother in law was able to drive to and enjoy a full day at Wimbledon 2 days after making the will, and this showed she did have capacity.

The outcome isn’t yet known, but some things are certain:

• Those brothers won’t be spending future Christmases together
• A lot of money will have been spent on legal fees
• It will have been an extremely stressful time all round

Such a shame, and it might have been avoided if more thought and care had gone into making the new will at the time.  I feel sorry for the solicitor who was asked to draw up that will, knowing that it could end up in a dispute, and he or she may have taken all precautions.

If you are planning to do something unusual in your will and would rather your nearest and dearest don’t spend the next few years squandering all your hard earned dosh in court cases, do take certain precautions, like getting a doctor to certify that you understand what you are doing, leave a note explaining why you are doing it and – if you can face it – tell the children you are disinheriting the reason.  It is also a very good idea to use a specialist solicitor.

Source: Telegraph on Line