Disputed Wills

23 January 2014

Supreme Court upholds the Wills in a landmark case where a married couple accidentally signed each other’s Wills

The sad case of Marley v Rawlings, where a couple accidentally signed each other’s Wills really caught the public’s imagination.

It was a simple error with catastrophic results – the Wills were invalid and so the man they had loved dearly and treated as their son received nothing, whereas their biological children, to whom they were not close, got everything.

29 May 2012

Challenges to the validity of wills: beware of “homemade Wills”

Challenges to the validity of Wills are becoming more frequent, particularly in relation to homemade Wills and Wills not drafted by professionals. The most common challenges centre around allegations that the testator lacked testamentary capacity; was being placed under undue influence; or fraud.  However, recent cases have also shown claimants will increasingly seek declarations that a Will is invalid on the grounds of “want of knowledge and approval”.

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