With civil litigation matters it is easy to get wrapped up in emotions but this seldom helps things so using a professional solicitor is a must.
Recently, two brothers wasted their whole £125,000 inheritance money in a futile effort to contest a Will left by their recently deceased father.
The sum of £125,000 was left after other bequests were made, to his second wife with the same sum of money to be divided between the two sons from his previous marriage. The deceased suffered from the degenerative disease, Parkinson’s, for a considerable time so the brothers held the view that he didn’t have the full mental capacity needed to create a legally valid Will.
The two allege that an earlier document had been made and they insist their father had split the estate equally between the two of them along with their stepmother and this was his actually valid true Will as he had full mental capacity at the time it was written.
A judge however dismissed their challenge to the Will instead stating that he found the case wholly unreasonable and the stepmother shouldn’t have been placed in the position where she needs to defend against their claim. The judge believed the case was driven entirely by personal issues, such as a refusal to accept that the stepmother and the deceased were a couple who loved each other and that she had been his primary carer throughout his illness.
This meant that the two sons were ordered to pay the legal costs of the case, which is estimated to be somewhere around £200,000 which is considerably more than their original share of the estate if they hadn’t attempted to contest the Will in the first place.