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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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Hi, what are the chances someone contesting, successfully,

Resolved Question:

Hi, what are the chances someone contesting, successfully, the "will" of my friend as he made it on the day he died. He was of sound mind at the time, just terribly ill with cancer.
Thanks.
Karren Dillon
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

What is wrong with the will?

Customer:

There is nothing wrong with the will! I am the executrix of the will and a woman who claims to be his common law wife, which she is not Has just informed the Funeral director that she is going to contest it the "will". She, with me will share the residual money after everything has been settled. My friends step niece and his daughter have a large share of the estate. Lisha, that is her name are to share what is left after expenses are dealt with.

Customer:

That last sentence should read; Lisha and I are to share what is left. Woops, That will teach me to read what I actually wrote, not what I thought I wrote!

LondonlawyerJ :

Was this common law wife someone who was being supported by the deceased at he time of his death?

Customer:

Hi, Not at all. She visited occasionally but was at one time engaged to him. I am the only person who has a key to his house as I had express instruction from Steve, not to let her into his home. I have been trying to gather papers etc. at his home and there are no toiletries, clothes or anything other than a sleeping bag which I know is hers!

Customer:

Thanks

LondonlawyerJ :

Ok thanks for that. I will have a think about this and answer you later.

LondonlawyerJ :

There could be a challenges to the late will as it might be argued that there was a lack of capacity ( near to death, on medication probably). I assume the will is in correct form a properly witnessed. If this lady claims she was living with him for 2 years or was financially dependent on him she could challenge the will. These are the most common challenges to wills but you need to discuss this with the solicitor help you with the probate.

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