Two brothers took their sisters to High Court in a legal battle to ensure they would inherit the family farm after claiming that the sisters had influenced their father into changing his Will.
George Key made a Will in 2001 which left the farm to his sons and left £15,000 each to his two daughters. His two sons had worked on the family farm since they were aged 15 and the sons believed their father meant them to inherit the farm. However, George Key made a second Will in 2006 which increased the portion of his estate for his daughters and represented a fairer division between his four children.
The two sons disputed the later Will, claiming their father had been unduly influenced by their sisters. Wills can be challenged on the grounds that someone did not have the mental capacity to make the Will or someone was under undue influence from someone else when making the Will, such as a family member trying to increase their inheritance.
The Judge rejected the brothers’ claim that the sisters had influenced their father. However he found that because the father’s memory was failing and his wife of 65 years had died a week earlier, the father lacked capacity to make the 2006 Will. This meant the earlier 2001 Will stood so the brothers inherited the farm and the sisters inherited the lesser amounts left to them under the earlier Will.
At Lawson-West, our solicitors will help you draw up a Will as you wish and ensure there are no doubts about the circumstances when your Will was made so that there will be no grounds for relatives to challenge your Will later. We can also draw up a Letter of Wishes which outlines the reasons why you have made your Will as you have done. For example if you want to leave your home to one adult child and only leave a portion of your estate to any others, you can outline why in the Letter of Wishes to provide clarity for your executors and relatives.
If you wish to draw up a Will that properly reflects how you want to distribute your estate, please call 01858 445480 now or complete one of the on-line forms. You can make an appointment at any of our branches in Market Harborough, Wigston or on Uppingham Road in Leicester. We can also arrange a home or hospital visit if you are unable to attend any of our offices due to your ill health.
