Challenge on grounds of lack of capacity
8 Sep 2021 | Katie de SwarteOsbornes Law acts for the potential claimants, the adult daughters of the deceased who assert his last Will to be invalid on the grounds of lack of capacity and/or lack of want & knowledge and/or undue influence.
The executor of the Will and main beneficiary is the son of the deceased who is the potential defendant. There are other siblings and half-siblings who may have to be added to the claim. Initial investigations are underway and we are awaiting various Larke & Nugus responses as there are multiple Wills that may need overturning. It is possible that the Deceased revoked his last Will but enquiries are being made. To date, the defendant has been uncooperative and we are yet to hear from the solicitors he says he has instructed. A caveat has been placed given there is evidence to suggest that the defendant has been dealing with estate property. Various transfers during the Deceased’s lifetime may also need to be overturned on the same grounds.
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Katie de Swarte Senior Associate
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