A solicitor has helped feuding family members win an approved judgment case in an unfortunate scenario.

Jackson Lees’ Contentious Probate team, in Liverpool, helped settle an ongoing family feud over issues with a will.

A 99-year-old mother died and left her estate behind to one of her sons and her four grandchildren. However, she had four sons in total – three of which were left out of provisions of a revised will.

As a result, when the mother died, two of the brothers – the Claimants - applied to set aside their late mothers will, alleging that the Defendants persuaded her to change her will to cut them out before her death.

It was alleged that the Defendants had unduly influenced the 99-year-old and told her lies about the Claimants in order to get her to change her will.

But when the case went to trial, the court heard that the Claimants had failed to establish that the Defendants had influenced the late mother. 

It was revealed that the Claimants had tried to claim that their mother “did not have capacity” and had a doctor assess her before her death, whilst trying to appoint themselves as her attorneys.

But third parties described the mother as “fiercely independent” and the doctor ruled that she had “full mental capacity.”

As a result, the now-deceased mother revoked the son’s power of attorney and had a very strained relationship with her two sons before her death.

In her own words, in the will revision, she said that they had “fell out” and she “did not want them to inherit from her estate”.

The court referring to leading authorities confirmed the requirements in order to prove undue influence and fraudulent calumny and upheld the validity of the will.

It was heard that the Deceased had actually left the claimants out of her will as she wanted to and was not influenced to change it.

The judgment will now allow the Defendants to administer the estate in accordance with the Deceased’s wishes.

Solicitor issues advice for contesting a will

Head of Civil & Commercial Litigation, Andrew Leakey, at Jackson Lees, said: “This is an important judgment and a great result for our clients as it confirms they were not involved in the Deceased changing her will and allows her wishes to be carried out.”

He added: “Whilst this case should never have got to trial given the unfounded accusations, it is a great result for our clients and a helpful reminder of the importance of evidence to back up what is being alleged.

“It also shows the importance of what is required to support an allegation of Undue Influence  and Fraudulent Calumny which the Claimants were unable to substantiate.

“The case is a helpful reminder of the need to seek legal advice as soon as a dispute arises to try and negotiate and avoid lengthy and costly trials.”