Controversy over validity of the will

13 Sep 2021 | Jan Atkinson

Our client is the executor and one of three residuary beneficiaries of the estate of her late uncle. The will is controversial because it contains a provision, typed in the last will which was executed a short time before the deceased’s death, by the beneficiary of that provision. By the provision, the executor is required to offer this beneficiary an option to buy the deceased’s house for a set figure, which is significantly less than the subsequent probate value. This ostensibly leaves the estate in the position of having to pay inheritance tax on an asset for which the amount it will receive is considerably less than the chargeable value.

Controversy has raged over the validity of the will and the option provision itself which is still unresolved. A double grant has now been issued to the beneficiary to whom power was initially reserved. The executor and fellow beneficiaries have pursued ongoing professional misconduct and fraud angles which are still ongoing, and they wish to see determined before agreeing to any settlement.

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