Where there’s a will there is a potential legal dispute

Posted on November 1st, by editor in Caring Times. No Comments

Well cared for residents may wish to make a bequest to a care home in their will. Peter Grose suggests measures which may prevent a gesture of appreciation and goodwill turning into a legal battle. It comes as a surprise to many people to learn that once a will has been executed, the provision made by that will can be challenged after the testator’s death. The grounds for doing so may include relying on a promise made by the testator that was not honoured by the will, seeking any or additional provision from the estate under legislation contained in the Inheritance (Provision for Family and Dependants) Act 1975, or challenging the validity of the will. A will can be declared invalid for a number of reasons: perhaps the formal requirements for its execution have not been followed or they may be doubts as to the deceased’s mental faculties – his or her “testament capacity”. A third ground involves alleging that the deceased was subject to the undue influence of one or more individuals. The purpose of this arti

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