Will dispute between siblings

We acted on behalf of the daughter of the Deceased, in defending a claim brought by her two siblings. Our client had lived with both of her parents for many years and had been the primary caregiver in their later life. Both parents had created mirror wills, leaving their Estates to each other, and upon the last death, their home to our client with the remainder of the Estate to be divided equally between their three children.

Following the death of the Deceased (their mother), a dispute arose over the validity of her Will. Our client’s siblings alleged that their mother lacked testamentary capacity when she executed her Will, and as such, the Estate should be administered via the intestacy rules.

Our client approached us for legal advice to understand her position and options.

Challenges

The challenges in this matter included:

• Addressing the medical evidence suggesting that the Deceased may have lacked testamentary capacity;

• Managing the consequences of an intestacy for our client;

• Asserting a claim for a greater beneficial share of the Estate;

• Negotiating a favourable settlement while navigating highly emotional and contentious sibling relationships.

Solutions

• Negotiate strategically - on thorough review of the medical evidence, we advised our client that there was likely legal merit in the challenge concerning the mother’s testamentary capacity and that strategically it would be in her interests to concede early on, in princuple, that the Deceased’s Will might be invalid, which meant her Estate would be subject to the rules of intestacy, but to also argue for an enhanced share on intestacy

• Claiming a greater beneficial interest - under an intestacy, our client was only entitled to a third of the Estate. Given our client’s long-term caregiving role, the assurances made to her during her parents' lifetime that she would inherit the family home, the sacrifices she had made, her dedication to the family, and her financial needs, we considered all potential claims that were available to her in order to assert a greater beneficial share of the Estate.

• Gathering supporting evidence - we collated relevant evidence to demonstrate the history and depth of the relationship between our client and her parents, and importantly the intentions of the Deceased. The evidence indicated that it would have been unjust for our client to receive only a third of the Estate.

• Finalising a settlement - we engaged in constructive negotiations with the opponents and emphasised the strength of our client’s claims, acknowledging also the importance of working towards a fair settlement that avoided prolonged litigation and high legal fees for all. The financial and emotional strain were very real in this case. As a result, we concluded an agreement whereby our client was to receive 45% of the Estate.

Impact

The settlement was significant for our client, who felt she had finally stood up to her siblings to honour her parents’ wishes and she felt reassured to do so due to the advice and support she received from us.