Bereavement is, of course, an inevitable part of life but it is, nonetheless, an extremely difficult period in our lives. We all hope that a time of bereavement is an opportunity to reflect and give thanks for the life of the loved one who has died and to remember them with happiness and fondness. Unfortunately, what can sometimes occur during a period after death is a realisation that the Will left by the loved is not as it ought to be or not as was expected.
There are many excellent reasons for and necessary occasions to prepare a Will. A Will can be prepared at any time and by anyone as long as they retain testamentary capacity – that is having the mental ability to provide informed instructions as to how a Will is to be written and how an Estate to be administered after death.
If, therefore, you feel that you have been excluded from the terms of a Will, either completely or in part, or if you feel that any undue influence has been brought to bear upon a family member or friend, perhaps because the Will was rewritten or changed shortly before death or at a time when the Testator’s mental capacity was questionable, it is important for you to take legal advice as to your legal position and the steps that can be taken to challenge the Will.
‘Undue Influence’ can be found in many guises; it can be subtle or direct; it can be insidious or blatant and may need to be investigated through legal channels. If you feel that this is something that we can assist you with further, please do not hesitate to contact us at the office on 029 2047 0909.