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  • When is a Will invalid?

    When is a Will invalid?

    In a recent case, a disgruntled daughter tried every trick in the book to have her late father’s Will declared invalid. She failed at every hurdle. Her arguments were:

    There was a previous Will

    No previous Will could be traced and even if one had been found, her father’s most recent Will would supersede any earlier one.

    Her father lacked capacity

    If a person lacks the necessary mental capacity, they cannot make a Will. The daughter could not show that her father lacked capacity.

    There was undue influence

    If someone is pressured into making a Will, the Will is not valid. In this case, the Judge did find that the father’s relationship with the other two children raised a presumption of undue influence, but on the facts the Judge found that the father made his own decisions.

    A 1975 Act claim

    If family members or other dependents feel that they should have received something or should have received more than they have, they can try to claim using the Inheritance and Family Provisions Act 1975.

    In this case, the daughter did not succeed as other circumstances in the case meant that there was nothing left in the estate to receive!


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