We were recently involved in an unusual
and important case to execute a Statutory Will for one of our client’s (‘P’). It
became apparent that the most recent Will made by P had been made in secret under
undue influence (whereby a person ‘P’ is induced to act otherwise than by their
own free will or without adequate attention to the consequences).
P’s carer (C) had surreptitiously arranged
for P to make a new Will which left the majority of her £500k estate to her. As
a side note, having instructed a private investigator, it became clear that C
was also forging hours worked and she was dismissed for gross misconduct…
The Judge ruled C’s conduct throughout
their relationship was coercive and dishonest and it was certainly not in P’s
best interests for the Will to remain in force.
Unusually, C was issued with a costs
order for not accepting a more reasonable amount as a legacy under the Statutory
Will and prolonging the proceedings.
Summarily, where it is believed that a
Will has been made under undue influence and there is evidence to support the
fact that it is not in P’s best interests, a Statutory Will application may be
made and approved by the CoP despite objections. In our case, C grossly used
their position as a carer and whilst it may be a lengthy battle, it is
definitely worth pursuing where financial abuse has taken place previously and
where it will prevent C from profiting further on the death of P.
If you would like to discuss anything in this article please contact our Court of Protection team on freephone 03443260049.