Thank you for your help and expertise in our probate matter, Sarah [Payne], and please thank Luck Ooi as well. We certainly got a better resolution than I had thought possible at the beginning of the whole affair.Adrian Roberts
As a general rule, any person is free to leave their estate as they see fit. However, that does not prevent the provisions of their Will being challenged after death if someone is left [...]
In the recent case of Ubbi v Ubbi 2018, the High Court has given useful guidance with regard to how the Section 3 factors under the Inheritance (Provision for Family and Dependants) Act 1975 should [...]
Disputes about whether the testator has capacity to make a Will either when giving instructions for it or upon signing are increasing.
The standard of proof when seeking to set aside a Will is the balance of probabilities as opposed to beyond reasonable doubt which is required in criminal matters.
One way to challenge the validity of a Will is to allege that undue influence was exercised over the Testator. The burden of proving undue influence rests with the party making the assertion.
An adult child wishing to bring a claim must still establish the Will fails to make reasonable provision for their maintenance ...