How to produce a water-tight will to avoid family disputes

Stock image: the High Court ruled that the document was a forgery

Lee Foster, a director and will disputes specialist from regional law firm Banner Jones, recently represented a Nottinghamshire man who took his sister to court after she faked their mother’s will in a bid to unlawfully claim almost half of her estate.

In 2015, their mother Dorothy made a will leaving 88 per cent of her estate to son David, with the remaining proportion to her grandchildren, after a bitter family dispute between herself and daughter Linda.

Following Dorothy’s death, a later will purportedly made by her in 2017 came to light via Linda: this version contained a provision for Linda to inherit a substantial part of Dorothy’s estate, which was inconsistent with both Dorothy’s previous will and numerous verbal representations she made between 2015 and the date she died in 2018.

Lee Foster: “Ultimately the judge has determined that the 2017 will was forged, which is an extremely serious matter."

The signature on it appeared to be different from Dorothy’s usual signature and CCTV evidence was found which showed that Dorothy never left her home on the day the 2017 will was supposedly executed.

Earlier this month, the High Court ruled that the document was a forgery created by Linda, who must now pay legal costs totalling some £100,000.

Speaking after the verdict, Mr Foster said the case was a ‘stark reminder’ of the seriousness of seeking to produce a fraudulent document.

“Unfortunately, family disputes can often arise in relation to the wills or estates of individuals, but this case is quite significant as successful challenges to the authenticity of wills are fairly rare,” he said.

“Ultimately the judge has determined that the 2017 will was forged, which is an extremely serious matter and rightly gives rise to significant civil and criminal law consequences.

“After losing a loved one, the thought of starting a legal battle can be quite overwhelming, but sometimes it may be the only option to ensure that the testamentary wishes of the deceased are respected and carried out.”

There are strict rules governing how a will must be signed and witnessed in order for it to be legally valid – without proper legal knowledge and training, it is easy to fall foul of these conditions, making a DIY will or one made by an unregulated will-writer worthless.

The best way to ensure that your last wishes are clear is to instruct a legal professional.

Legal professionals have the necessary experience and skill to ensure that a watertight will is written that truly carries out your wishes. Wills can sometimes be complex and a trained legal professional, in addition to putting your instructions down on paper, can also provide advice on things like inheritance tax, or discuss whether trusts may be required to protect vulnerable beneficiaries.

At Banner Jones, their friendly and approachable teams can guide you through the process step by step to offer you peace of mind that your wishes are met. Their experts can advise you on the different types of wills available to prepare the right one to suit your circumstances.

For more information or to make an appointment please call 0114 275 5266 or visit Banner Jones online today.