Losing a loved one is an event that undoubtedly shakes our foundations, and some people are then struck by the additional tragedy of being disinherited.
It can be hard to know where to turn or what step to take next, which is why we asked Danielle Blaylock, Contentious Probate expert at Jackson Lees, what you can do about being disinherited.
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Experiencing problems around a loved one’s Will can bring up a lot of difficult feelings. For instance, issues can arise where you may believe that someone else influenced your loved one to change their Will, thereby disinheriting you. It’s a very painful thought, one which can complicate the grieving process, too.
Sometimes people worry that another beneficiary, a person who was also set to inherit from the Will, forced someone to change their Will. This change could lead to the other beneficiary inheriting more, or all, of the estate.
In cases where this is a concern, it’s important that you can prove to the court that the other person had forcibly coerced the deceased to change their Will. However, just because there wasn’t forceful coercion, that doesn’t mean that the deceased wasn’t influenced.
What if there is no forceful coercion?
I have seen cases where, on rare occasions, the court will consider something called ‘fraudulent calumny.’ This is when the deceased change their Will because they were told lies about someone who was meant to inherit from the Will.
This painful process involves someone else telling lies about a person’s character, affecting how the person making the Will feels.
Rather than forcing a person to change their Will by threatening, persuading, or coercing them, fraudulent calumny relies on the person making changes of their own free will because their views are altered by the other person’s lies.
There have been a few cases where people were able to prove that another beneficiary had lied about their character to the deceased. One such example was Edward vs Edward (2007), in which one man inherits his mother’s entire estate, after lying to his mother about his brother stealing from her.
The court concluded that in cases like these, where a person “poisons the mind” of the person making the Will against someone who would usually have benefited from the Will, the disputed Will should be set aside.
Unsure about forceful coercion? Call today and speak to an expert.
How a Contentious Probate Solicitor can help
There are a number of ways that the law can help. For instance, when it comes to drafting a Will, I would always advise people to seek out a professional who can document the reasons for any changes to the Will.
When the person making the Will has been subject to undue influence or has been told lies about another person, the Will is often handwritten, which can pose issues. If you’ve got concerns about the validity of a Will, or about being disinherited, it is vital to speak to someone who specialises in this area of law.
Get in touch with Danielle Blaylock for friendly, expert advice if you have been disinherited. You absolutely do not have to face this difficult time alone. Call us today on 0151 282 1700, or make an enquiry.