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Can I Contest a Will When Fraud Is Suspected

23rd November 2010
By Tim Bishop in Estate Planning
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You and your sister were best friends as well as siblings. You lived in the same street and were always chatting and laughing, and enjoyed some great holidays in Spain together. So it's not surprising that when she died you found the loss so hard to bear.

An inheritance claim was something you used to tease one another about. As you grew older, you would joke about who would go first, but you both knew that you would leave your assets to the other. A short while before she died she got quite frail, and would let the young man who had just moved into the house next door to drive her to place. He would take her to the hairdresser. He'd stay by her side when she went for a health check up at the hospital and wait outside at the doctor's surgery to drive her home. Once she overheard him talking about how to contest a Will. He began to dote on her, calling by to check she was ok if he hadn't seen her for a while; he started offering to dig her garden. Of course she loved it. She frequently told you what a nice young man he was. When she struggled to hold a pen, he'd hold it for her, steadying her hand as she wrote.


Then, you began to suspect things weren't right. It felt like he had pushed you out of your sister's life, taking over your role; suddenly it felt like you hardly did anything together any more. The man took her away on holiday once!

It all became very upsetting, especially when your sister began to argue with you, saying unkind things. Your sister wouldn't listen to your worries that this man had come between you - she thought you were just jealous. Soon after she died, you were faced with another bitter blow: your beloved sister had removed you from her Will and this 'nice young man from next door' had been left the lot!

But should you contest the Will and make an inheritance claim when she did sign it, although her signature appeared scrawled and shaky? Yes! You may not 'just be jealous'; it's quite possible there has been some coercion or fraud, with this young man virtually forcing your sister to change the Will in his favour.

Speak to a solicitor who specialises in this area of law and who will be able to expertly guide you through how to contest a Will. You may have a case for some fraudulent behaviour. A solicitor will be discreet and calm and will take you through the process in a professional manner, without force.



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If you are thinking about contesting a will, contact the experienced inheritance claim solicitors at Bonallack & Bishop. Senior partner Tim Bishop is responsible for all major strategic decisions at the firm, which he has grown by 1000% in 13 years. He sees himself as a businessman who owns a law firm and has plans for further expansion.
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