Battle of wills divides family after grandmother's death
17th Apr 2008
The Court of Appeal has had to decide which of two conflicting wills drawn up by a grandmother was the most recent and therefore the one that should decide how her estate is divided between members of her family.
When the woman died her will showed that she had left her estate to her son. Probate was granted but then the woman’s grandson discovered another will which left the estate to him and another relative.
The grandson applied for a declaration that the second will was his grandmother’s last true will and that the grant of probate of the earlier will should be revoked. The case proved complicated and the judge considered that there was some inconsistencies in the evidence.
Nevertheless, the court decided that it was reasonable to conclude that the grandmother knew and approved of the second will and it should therefore be accepted as representing her true wishes. That ruling was then upheld by the Court of Appeal.
It is not uncommon for disagreements to emerge within families because a close relative did not make a will or failed to update an existing will to reflect a change of opinion as to how their estate should be divided.
This case, like many others, illustrates the need for people to ensure their wills are drawn up properly and kept up to date. It is also important to let your family know where your will is and the name of the solicitor that helped you to draw it up.
Contact Kate Grundy, solicitor at David Phillips and Partners, on 0800 027 7870 to discuss making or updating your own will.