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Chapter 8: Contested Wills and Probate - Coggle Diagram
Chapter 8: Contested Wills and Probate
Grounds for Contesting a Will
Lack of Testamentary Capacity
Testator did not understand the nature of the will, extent of their property or moral claims against them
Key Case Law:
Banks v Goodfellow: Established the legal test for testamentary capacity
Key v Key: Example of a will being contested due to the testator's lack of capacity after emotional trauma
Undue Influence
Contesting a will if the testator was coerced into making specific provisions that they would not have made otherwise
Key Case: RE Edwards, Discussed the balance between persuasion and undue influence
Fraud or Forgery
Contesting a will on the grounds that it was forged or made under fraudulent cicurmstances
Key Case: Twycross v Grant: a will was contested due to claims of fraudulent influence
Procedure for contesting a will
Who can contest?
Individuals who stand to inherit if the will is invalid or those with a prior intent in the estate (eg beneficiaries)
Court Proceedings:
File a claim at the Probate Court.
Submit evidence of grounds for contesting
Outcome of contesting
If the will is declared invalid, the estate is distributed according to the intestacy rules if no new valid will is found
Key Law: Administration of Estates Act 1925: Establishes how the estate is managed in the event of a contested will.
The Role of the Court in probate Disputes
Probate Court's Role:
The Court oversees the validity of the will and ensures that it is executed properly
If a will is contested, the court may rule on its validity based on the evidence presented
Judicial Discretion:
The court has discretion to resolve disputes and determine whether a will is valid, especially if fraud or undue influence is suspected.
Key Case Law
Keyword v Adams (undue Influence): Established that the burden of proof lies on the person alleging undue influence.
Twycross v Grant (Fraud/Forgery): Case in which is a will was contested due to fraud and forgery claims
Re Edwards (undue Influence): Summarised key principles around undue influence in testamentary cases.
Key laws
Wills Act 1937: Governs the formal requirements for making a valid will;l and can be basis for contesting a will
Inheritance Act 1975: Allows certain family members and dependants to claim for provisions from an estate, even if they are not named in the will
Adminstration of Estates Act 1925: Governs intestacy and how estates are disbursed when a will is contested or invalid.