Posted by Amanda Noyce, Partner
Concerns regarding a child’s influence on their father
You may feel suspicious if you feel your loved one has been influenced to leave their assets to certain people in their Will. This ‘undue influence’ can often be difficult to prove on its own, but your suspicions can be used with other relevant evidence to challenge a Will.
Chris, Daniel and Elizabeth* were three their late father’s four children. Before his death, the children’s father was very elderly and had suffered from senile dementia for some time. He had, however, made a Will leaving nearly his entire estate to his fourth child, Fred.
We managed to reach a settlement with Fred on the basis that there were strong doubts surrounding the circumstances in which the father had given instructions for his Will. We also highlighted the circumstances surrounding Fred’s involvement with his father and the execution of the Will.
The settlement meant that approximately £1m from the father’s estate went to Chris, Daniel and Elizabeth. Without this claim, this money would have gone only to Fred.
*For confidentiality, we have protected the names of our clients.
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