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Unsuccessful Challenge of a Will

It's finally happened my 1st one😬Challenge of a clients Will & I feel brilliant about it🥳👇

I shan't go into great detail, but a client (sadly now deceased) needed a Will (his first one) and I both personally prepared & executed it.

Client wanted to leave all to his dear mother, which he did. Quickly, following his death I receive correspondence from the deceased sisters Solicitor challenging the Will (Larke v Nugus). It seems sister wanted some inheritance too!!!

Quite shockingly the Solicitor who shall remain nameless made some school boy errors in their request.

Out of date practice aside, we were able to promptly and confidently address this, protecting our clients wish to protect his mother and safeguard her future.

The quality of our documentation including our Will Clarity statements are super strong and robust, providing great security and protection of our clients wishes. This means should a challenge be made, the chance of a successful claim is highly unlikely, testament to our process, documentation and software.

I'm proud to work in association with great partners, which keep us all safe, and leaders in the production of great estate planning documentation.

I like to think my client is looking down smiling now, as his last wishes are secure, and his mother will have that security he intended her to have 😇

Thank you to Countrywide Tax & Trust Corporation and IDR Law, great working with you 👍

The Will Clarity Statement produced with our Wills is a very important document as it records the discussion with the client about why they made the decisions re distribution and how one came to the conclusion the client has capacity. It is then signed by the client to confirm those decisions and it is very difficult to contest. The sequence of conversations and meetings before documents are drafted are also confirmed in the statement. Because of this it was successful in fighting the claim.

Unfortunately some Wills do not have a Will Clarity statement produced, which can lead to the following outcome:-

"I wished my Mum’s Will had the same. We had the same challenge from my 2 sisters and ended up having to give them money to avoid court fees due to an Inheritance Act claim. We’re now suing the leading Leicester law firm for negligence due to their lack of advice and file keeping."


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