A recent decision by Nominet UK highlights the evidential hurdles businesses must overcome when...
The High Court has upheld a woman’s challenge to her late father’s will, ruling that the defendants failed to prove the document was genuine. This important case highlights how English law treats contested wills, fraud in probate claims, and the evidential burden on those seeking to uphold a disputed testamentary document.
Background to the Case
The will in question was allegedly executed in 2019, the year before the man’s death. It excluded his daughter entirely and instead left the whole of his estate to an acquaintance, with the man’s close friend named as executor.
The daughter challenged the will’s authenticity, alleging that it had been procured by fraud. She maintained that she had enjoyed a good relationship with her father and had little or no knowledge of the supposed beneficiary. In contrast, the beneficiary claimed he had a relationship with the deceased akin to that of a close family member.
The High Court’s Findings
The Court held that there were several factors arousing suspicion about the will’s validity:
- No solicitor involvement – the will was said to have been drafted by the deceased himself and handed to the executor to store, with no legal records or drafting evidence.
- Inconsistencies in the executor’s testimony – discrepancies emerged between his account and the available facts.
- Reference to non-existent assets – the will referred to properties in Pakistan, despite no evidence that the deceased ever owned assets there.
- Lack of supporting evidence – no phone records, emails, or other documentation were produced that could substantiate the defendants’ case.
- Questionable relationship – the supposed “quasi-familial” bond between the deceased and the beneficiary was not proven.
The Court concluded that the defendants had not discharged the burden of proof required to show the will was valid. The most likely explanation, it found, was that the will had not been written by the deceased, at his direction, or with his knowledge.
This case underscores the importance of proper will drafting and record-keeping, as well as the courts’ willingness to intervene where there are suspicions of fraud or undue influence.
Q&A Section
Q: Can a will be challenged in the UK on grounds of fraud?
Yes. If there is evidence or strong suspicion that a will has been forged or fraudulently created, it can be contested in the High Court.
Q: Who has the burden of proof in a will dispute?
Once suspicious circumstances are raised, the burden shifts to those seeking to rely on the will. They must prove its authenticity on the balance of probabilities.
Q: What factors can raise suspicion about a will’s validity?
Examples include lack of solicitor involvement, inconsistencies in witness evidence, references to non-existent assets, late production of the will, and unexplained errors in the document.
Q: How can I protect my will from being challenged?
To minimise the risk of disputes, ensure your will is drafted and executed by a qualified solicitor, with full records of instructions, witnesses, and any discussions about beneficiaries.
Contact Us
Disputes over wills and estates can be highly complex and emotionally charged. If you are considering challenging a will or defending against a fraud or undue influence claim, our experienced contentious probate solicitors can provide clear advice and strong representation.
📞 Call us today on 01284 701323 or 📧 email law@willettsolicitors.com to speak with our specialist team.