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Challenge to the Validity of a Will, and Resulting Trust Claim

Mar 21, 2017
Instructions were received from Mr A, a beneficiary of a seven figure estate with regard to a Will executed by the deceased a few months before she sadly passed away after a long illness, leaving a substantial sum to a third party who was also made executor.  

Daniel Winter carried out detailed investigations into the circumstances surrounding the drafting of the will by accumulating and analysing medical records and instructing an expert in old age psychiatry to report on the deceased’s testamentary capacity.

Additional evidence was obtained by way of written statements from the deceased’s friends and neighbours regarding her memory problems and frequent episodes of confusion.

In addition, Daniel identified a separate and alternative claim based on the law of resulting trusts which if accepted by the Court, would have removed the sole asset of value and a substantial property from the estate altogether.  

By pursuing both actions in tandem Daniel was able to reach a secure the estate for his client by negotiation.
 

Daniel Winter

About the author

Daniel Winter

Daniel joined Nockolds in 2009 and is a Partner in our Commercial and Property Litigation Team. Daniel has been practising as a qualified Solicitor for ...

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