Blog
What is your duty to co-operate with your regulator?
Zoe Beels
In recent years we have noticed an increase in claims being brought which challenge the validity of a will. The reasons for this increase have been previously commented on by many, but the general feeling is that an increasing elderly population, an increase in the diagnosis of medical conditions such as dementia, and even perhaps a growing sense of entitlement by hopeful beneficiaries are all contributing factors.
A look at the case of a young widow who faked the will of her late husband.
It has been widely reported in the press this week that British rock star Rick Parfitt, changed his will 5 days before he died on Christmas Eve to the exclusion of his current (third) wife with whom Rick had two young children. Rick also had two children with his first wife (one of whom predeceased him) and one child with his second wife. The Daily Mail reports that Rick’s estate is to be divided equally between his two adult children and his two minor children.
A dispute over the will of the man who once produced the Beatles throws light on some of the issues that arise and may suggest how room for argument can be kept as narrow as possible though intelligent preparation.
If a Will appears rational then there is a presumption that the individual making the will (the testator) had mental capacity and the Will will be admitted to probate unless anyone can produce sufficient evidence to the contrary.
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