Undue influence to change will

[Pacemaker100]

My vulnerable elderly uncle changed his will unexpectedly making his unofficial carer his next of kin and sole beneficiary
they orchestrated all appointments with a new solicitor and even provided the draft Will
loads more evidence. How much chance has contesting have

also. One Witness name is unreadable and does not have full address

thanks

[atticus]

Challenges onthese grounds do succeed, but on this scant information it is not possible to assess the chance of success in this case.

The family should consult a specialist solicitor.

[Pacemaker100]

Usual solicitor not used




The orchestrator of the new Will was the principal beneficiary. she made all the arrangements and presented the new solicitor with a pre-prepared handwritten draft of the new will

The new Will goes completely against his previous wishes to split his estate equally between five family members leaving herself sole beneficiary of the residue.

The orchestrator withheld the original Will from the solicitor

The testator confirmed the content of the Will but it is not demonstrated he fully understood or approved it.

Testator had been isolated from family, was vulnerable and easily persuaded.

New beneficiary lied to solicitor regarding her role as carer

The testator was deaf but solicitor based his understanding on grounds he could lip read.

Testator would not have approved if had been presented with comparison with original Will agreed with beloved wife




With knowledge of hospital treatment solicitor failed to identify possible implications on mental capacity and failed to follow the ‘Golden Rule’




Poole vs Everall




The classic sign of undue influence is the main beneficiary being active in the preparation of a will in which they take a substantial benefit.

[Pacemaker100]

Any legs in this poor witness address

[atticus]

My advice remains that the family should consult a specialist solicitor. There are certainly questions to be answered here.

Also, lodge a caveat.

[Pacemaker100]

Thanks
first caveat already in place

[atticus]

This post that I wrote a few weeks ago might be helpful

https://legalbeagles.info/forums/for...53#post1652353