When Grief Becomes a Legal Battle: The Truth About Contesting Wills

Losing someone in your life is sad. Yet, some families begin their real problems when a will is read. Contests over wills are increasing rapidly in England and Wales. Most cases seem to be conflicts over money, but the truth is, many are about a human emotion that most people can relate to: one feeling that the parent’s last wishes weren’t really his/her own. For help from a Solicitor Gloucester, visit www.deeandgriffin.co.uk/

The most common feelings in most disputes

One common emotion is being shocked. Imagine you had a parent who had a will that would leave you a portion of their property. When the will is read, you hear that your sibling got the whole property.

Another common feeling is anger. A person might be angry if they felt like the parents’ will didn’t reflect his/her values or lifestyle. They might be angry if they heard that the parents’ new boyfriend/girlfriend got the whole property, especially if they’ve been living together for only a few months.

Still another common feeling is greed. A person might feel greedy if they want more of their parent’s property, especially if it’s a house, a large amount of money, or a business. It might seem greedy at first, but imagine how you would feel if you were left with nothing.

Other common feelings that a person might feel in a dispute over a will include: relief, sadness, guilt, love, loyalty, happiness, anger, betrayal, greed, shame, and justice.

What really holds up in court

England and Wales have a law that says that people have the right to leave their property to whoever they want to and that this right cannot be taken away from them. However, England and Wales also have a law that says that a will can be contested if it was made under a false premise. This law says that if a person contests a will, they must be able to prove that the will was made under pretenses and that this is the only way the will can be contested.

To contest a will in England and Wales, one must be able to prove one of the following: lack of testamentary ability (the person was not capable of making a will); undue influence (the will was made as a result of threats); fraud (the will was made under false pretenses) and improper execution.