Suspicious Wills - Challenging & Defending Testamentary Validity

Introduction

When a will leaves disappointed relatives or unexpected beneficiaries behind, suspicions can quickly arise that it does not reflect the true intentions or capacity of the deceased. With rising property values and increasingly complex family relationships, challenges to so-called ‘suspicious’ wills continue to be an important area of contentious probate litigation.

But which claim is the right one? Evidence that appears to suggest wrongdoing or incapacity does not always fit neatly within a single recognised ground of challenge and the distinctions between the available claims can be subtle but crucial.

This practical webinar will examine the key claims and defences arising when a will is challenged or defended on the grounds of undue influence, fraudulent calumny, want of knowledge and approval, testamentary incapacity and lack of due execution.

Using important recent decisions, including Khatun v Hasan, Ginger v Mickleburgh and Oliver v Oliver, the webinar will explore how the courts approach these challenges and what evidence is likely to support or undermine each type of claim.

You will gain practical guidance on identifying the most appropriate claim or combination of claims in common factual scenarios, assessing the strengths and weaknesses of a case and navigating the key issues when dealing with a potentially ‘suspicious’ will.

What You Will Learn

The webinar will cover the following:

• The key elements of each ground for challenging the validity of a will
• How to identify the most appropriate ground, or combination of grounds, in different factual scenarios
• Key case law and recent judicial developments shaping will challenges
• The evidence needed to establish and defend each type of claim