Should I Contest A Will If I Think There Has Been Fraud?
You and your sister were best friends as well as siblings. You lived in the same street and were always chatting and laughing, and enjoyed some great holidays in Spain together. So it's not surprising that when she died you found the loss so hard to bear.
You used to tease each other about having to make an inheritance claim. As you grew older, you would joke about who would go first, but you both knew that you would leave your assets to the other. A short while before she died she got quite frail, and would let the young man who had just moved into the house next door to drive her to place. He used to take her to have her hair done. He'd stay by her side when she went for a health check up at the hospital and wait outside at the doctor's surgery to drive her home. Once she overheard him talking about how to contest a Will. He began to dote on her, calling by to check she was ok if he hadn't seen her for a while; he began by offering his help digging her garden. Of course she loved it. She frequently told you what a nice young man he was. When she struggled to hold a pen, he'd hold it for her, steadying her hand as she wrote.
Then, you began to suspect things weren't right. It felt like he had pushed you out of your sister's life, taking over your role; suddenly it was if you never did much together any more. The man even took her on holiday!
You became very distressed by the situation, and this got worse when your sister started to pick fights with you and say unkind things. You knew it was this man who had torn things apart but your sister refused to listen, believing you were just jealous. Soon after she died, you were faced with another bitter blow: your darling sister had taken you out of her Will, and instead left everything to the 'nice young man from next door'!
But should you contest the Will and make an inheritance claim when she did sign it, although her signature appeared scrawled and shaky? Yes! You may not 'just be jealous'; it's quite possible there has been some coercion or fraud, with this young man virtually forcing your sister to change the Will in his favour.
Speak to a solicitor who specialises in this area of law and who will be able to expertly guide you through how to contest a Will. You might be able to claim that there was fraudulent behaviour. A solicitor will be discreet and calm and will take you through the process in a professional manner, without force.
About the Author
Tim Bishop is senior partner at Bonallack & Bishop, a firm of experienced inheritance claim solicitors who can advise you on contesting a will (http://contestingawill.co.uk ). He has grown the firm by 1000% in 13 years and is responsible for all major strategic decisions. Tim plans to expand the firm further, seeing himself as a businessman who owns a law firm.
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