Contesting A Will Guide
Summary
Contesting a will in England can be based on grounds such as undue influence, lack of testamentary capacity, or lack of knowledge and approval. To support your case, gather evidence like witness statements and financial records. If you suspect coercion, document interactions and financial transactions. Your children can provide statements if they have relevant observations. Consult a solicitor specializing in wills and probate for guidance. Use resources like the Law Society or legal directories to find a local solicitor.Full Conversation
Vicki
Hi Vicki! How can I assist you with your legal issue today? Please provide some details about your situation.
Can I contest my brothers will when he dies
Hi Vicki! You can contest your brother's will under certain conditions. Here are some grounds for contesting a will in England:
- Lack of testamentary capacity
- Lack of valid execution
- Undue influence or coercion
- Fraud or forgery
- Lack of knowledge and approval
Can you provide more details about why you believe the will should be contested?
- Lack of testamentary capacity
- Lack of valid execution
- Undue influence or coercion
- Fraud or forgery
- Lack of knowledge and approval
Can you provide more details about why you believe the will should be contested?
I feel his girlfriend has coerced him into marrying her soon after she found out my dad had died
Hi Vicki! It sounds like you are concerned about undue influence or coercion in your brother's situation. Here are some steps you can consider:
- Gather evidence of coercion or undue influence.
- Consult a solicitor specializing in wills and probate.
- Keep detailed records of any suspicious behaviours.
Would you like help finding a local solicitor who can assist you further?
- Gather evidence of coercion or undue influence.
- Consult a solicitor specializing in wills and probate.
- Keep detailed records of any suspicious behaviours.
Would you like help finding a local solicitor who can assist you further?
What eveidence can I gather?
Case Rating: *
Hi Vicki! To gather evidence of coercion or undue influence, you can consider the following:
- Obtain witness statements from people who observed the interactions between your brother and his girlfriend.
- Collect any written or recorded communications that indicate pressure or manipulation.
- Gather financial records showing any sudden or unusual transactions.
- Document any significant changes in your brother's behavior or decisions.
Would you like more specific guidance on any of these steps?
Hi Vicki! To gather evidence of coercion or undue influence, you can consider the following:
- Obtain witness statements from people who observed the interactions between your brother and his girlfriend.
- Collect any written or recorded communications that indicate pressure or manipulation.
- Gather financial records showing any sudden or unusual transactions.
- Document any significant changes in your brother's behavior or decisions.
Would you like more specific guidance on any of these steps?
yes
Case Rating: *
Hi Vicki!
To provide more specific guidance, could you tell me which aspect you need more help with? For example, are you looking for how to obtain witness statements, or how to collect financial records?
Hi Vicki!
To provide more specific guidance, could you tell me which aspect you need more help with? For example, are you looking for how to obtain witness statements, or how to collect financial records?
witness statements
Case Rating: *
Hi Vicki! To obtain witness statements, follow these steps:
- Identify individuals who observed the interactions between your brother and his girlfriend.
- Ask them to provide a written statement describing what they witnessed.
- Ensure the statement includes dates, times, and specific details.
- Have the witnesses sign and date their statements.
Would you like more detailed guidance on any of these steps?
Hi Vicki! To obtain witness statements, follow these steps:
- Identify individuals who observed the interactions between your brother and his girlfriend.
- Ask them to provide a written statement describing what they witnessed.
- Ensure the statement includes dates, times, and specific details.
- Have the witnesses sign and date their statements.
Would you like more detailed guidance on any of these steps?
can my children write statements?
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Hi Vicki! Yes, your children can write statements if they have relevant information about the interactions between your brother and his girlfriend. Their statements should be clear, detailed, and include specific observations, dates, and times.
Do you need any further assistance with this issue?
Hi Vicki! Yes, your children can write statements if they have relevant information about the interactions between your brother and his girlfriend. Their statements should be clear, detailed, and include specific observations, dates, and times.
Do you need any further assistance with this issue?
yes
Case Rating: *
Hi Vicki! Could you please specify what further assistance you need? For example, do you need help with drafting the statements or understanding the legal process for submitting them?
Hi Vicki! Could you please specify what further assistance you need? For example, do you need help with drafting the statements or understanding the legal process for submitting them?
what do you mean by lack of knowledge and approval
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Hi Vicki! "Lack of knowledge and approval" means the person making the will (the testator) did not fully understand or approve the contents of the will when signing it. This could be due to confusion, misunderstanding, or deception.
Is there anything else specific you need help with regarding contesting the will?
Hi Vicki! "Lack of knowledge and approval" means the person making the will (the testator) did not fully understand or approve the contents of the will when signing it. This could be due to confusion, misunderstanding, or deception.
Is there anything else specific you need help with regarding contesting the will?
How can I do this? Gather financial records showing any sudden or unusual transactions.
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Hi Vicki! To gather financial records showing any sudden or unusual transactions, you can:
- Check bank statements for large withdrawals or transfers.
- Look for new accounts or credit cards opened.
- Track any unusual spending patterns or purchases.
- Obtain records of changes in asset ownership or property sales.
Do you need assistance with anything else?
Hi Vicki! To gather financial records showing any sudden or unusual transactions, you can:
- Check bank statements for large withdrawals or transfers.
- Look for new accounts or credit cards opened.
- Track any unusual spending patterns or purchases.
- Obtain records of changes in asset ownership or property sales.
Do you need assistance with anything else?
I only have proof of them spending loads of money on their new property
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Hi Vicki! It sounds like you have some compelling evidence regarding the spending on the new property. This could help demonstrate undue influence or coercion. Document these financial transactions thoroughly and consult a solicitor specializing in wills and probate to discuss how this evidence can support your case.
Would you like more specific guidance on finding a local solicitor?
Hi Vicki! It sounds like you have some compelling evidence regarding the spending on the new property. This could help demonstrate undue influence or coercion. Document these financial transactions thoroughly and consult a solicitor specializing in wills and probate to discuss how this evidence can support your case.
Would you like more specific guidance on finding a local solicitor?
yes please
Case Rating: *
Hi Vicki! To find a local solicitor specializing in wills and probate, you can consider the following options:
- Contact the Law Society for a list of qualified solicitors in your area.
- Use online legal directories like Legal * or Chambers and Partners.
- Ask for recommendations from friends or family who have dealt with similar issues.
Would you like more assistance with this?
Hi Vicki! To find a local solicitor specializing in wills and probate, you can consider the following options:
- Contact the Law Society for a list of qualified solicitors in your area.
- Use online legal directories like Legal * or Chambers and Partners.
- Ask for recommendations from friends or family who have dealt with similar issues.
Would you like more assistance with this?