Deathbed Will successfully challenged

A recent case came before the Courts who were asked to decide whether a Will had been properly executed.

Mike made a Will in hospital three hours before he diedleaving everything to his sisterJennifer.  The Will was challenged by someone who would have been entitled to his estate had no Will been made.

A Will must conform with the Wills Act of 1837, in particular the way in which a Will must be executed.  Mike’s signature was found not to be his and the nurses who witnessed the Will changed their story in Court claiming that Anne had helped Mike to sign because his hand was shaking so much.  Although there are circumstances where a testator may allow someone else to sign a Will on his or her behalf, these circumstances are rare and must be done properly.

Court proceedings are expensive and stressful.  Inevitably cases like this split families and cause lots of emotional tension.  They can easily be avoided by ensuring that an important document like a Will is prepared by a solicitor who specialises in that area of work and understands the requirements and the likely pitfalls.  MKB Solicitors charge a fixed fee for preparing a Will and make sure that your wishes are reflected in the Will and that it is properly executed.

Angela Coles – Wills & Probate Dept
MKB Solicitors LLP