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We act for a beneficiary and potential executor of an estate valued at approximately £1.6 million.
Under the deceased’s Will, our client is entitled to 21% of the residuary estate (the remaining assets of the estate after specific gifts, debts, taxes and expenses have been paid). A later Codicil, a legal document used to make changes or additions to an existing Will – also leaves her a property outright and appoints her as executor.
Following the testator’s death, other beneficiaries issued a letter of claim alleging undue influence, seeking to invalidate the Codicil and remove our client’s entitlement to the property.
The Codicil was prepared online during the COVID-19 pandemic, when many law firms were closed or operating with limited capacity. Our client, a long-standing friend of the deceased, helped facilitate the drafting process at the deceased’s request during a period when she was concerned about her health and wanted to ensure her Will was updated.
The dispute has created a number of practical and legal challenges for our client:
Serious allegations of coercion - with claims that the deceased was pressured into signing the Codicil.
Assertions that our client acted as the deceased’s carer and exerted influence - which she strongly denies.
Hostility and misinformation from other beneficiaries - many of whom had limited recent contact with the deceased.
Delays in administering the estate - including issues relating to estate properties and the need for a limited grant of probate (a temporary or restricted grant issued by the court allowing certain estate matters to be dealt with while disputes about the estate are ongoing).
The risk that the Codicil could be set aside - significantly affecting our client’s entitlement.
The central issue is whether the Codicil was created as a result of undue influence.
For such a claim to succeed, the challenging party must prove that the testator’s free will was overridden by coercion, meaning the document reflects the will of another person rather than the true intentions of the deceased.
This is a high evidential threshold, and allegations alone are not sufficient. Clear evidence is required to demonstrate that the testator acted under pressure rather than making their own independent decision.
Our team has advised the client on a strategy to defend the claim and protect her position as beneficiary and executor.
Evidence review - We analysed the circumstances surrounding the drafting of the Codicil, including the deceased’s medical records, social services records and background evidence relating to the relationship between our client and the deceased. Historic allegations made during the deceased’s lifetime had already been investigated and our client had been cleared of wrongdoing.
Responding to the allegations - We prepared a detailed response to the beneficiaries’ letter of claim, addressing each allegation and highlighting the lack of evidence supporting claims of coercion.
Managing estate administration - We assisted in arrangements for a limited grant of probate (a temporary or restricted grant issued by the court allowing certain estate matters to be dealt with while disputes about the estate are ongoing), enabling estate properties to be managed while the dispute continued.
Exploring resolution - Our client has made settlement offers in an attempt to resolve the dispute and avoid the costs and uncertainty of litigation. We continue to request supporting evidence from the beneficiaries and are actively defending the claim.
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