Claim in regard to the validity of a Will

Lucy Scurfield
Lucy Scurfield

Published: August 9th, 2022

7 min read

Our Contentious Trusts and Probate team were instructed to consider the validity of their client's late mother's Last Will in relation to capacity and/or undue influence. The investigations came to no avail and the team were just about to close their file when the client said she had spoken to the supposed attesting witnesses who said they did not sign the Last Will and more worryingly, they suspected the signatures were forged.

The team obtained witness statements from these people and it transpired that the signatures on the Last Will had in fact been forged. The team drafted a Letter of Claim on behalf of the client outlining our concerns that the Last Will was invalid as it did not comply with the Section 9 formalities under the Wills Act 1837 and received a prompt response admitting that the Last Will was invalid and the Grant of Probate would be revoked.

The Deceased's previous Will is now to be sent to Probate meaning our client has gone from receiving nothing, to receiving an equal share of the residue with her siblings.

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