Challenging Suspicious Wills - The Possible Claims & Defences Examined

Introduction

This webinar will analyse the possible claims and defences facing parties who challenge or defend ‘suspicious’ wills on the grounds of:

• Undue influence
• Fraudulent calumny
• Want of knowledge and approval
• Testamentary incapacity
• Lack of due execution

Wills frequently give rise to feelings of disappointment or worse on the part of relatives and other would-be beneficiaries, who persuade themselves that evidence exists which shows that the will did not, or could not, have represented the intention of the testator, or that the testator was in some way mentally incapable.

This has been a growth area of litigation in recent years, no doubt fuelled by the rise in property prices and fractious family relationships.

It is, however, often difficult to fit the evidence within one of the recognized heads of claim, which are subtly different in their application.

The webinar will discuss important recent cases such as Hughes v Pritchard, Skillett v Skillett, St Clair v King and Reeves v Drew.

Guidance will be given as to the most appropriate claim or claims in common factual scenarios.

What You Will Learn

This webinar will cover the following:

• Key elements of each head of claim that a will is invalid
• Which head or heads of claim are appropriate in differing factual circumstances
• Relevant case law, with a particular emphasis on recent decisions
• The evidence required to support a claim

This webinar was recorded on 10th February 2023