Our specialists in contentious probate were instructed by Executors of Mrs P, who had made a Will only 24 hours before she died. Mrs P’s brother was her only living relative, but he was estranged from her and she had excluded him from her Will. The brother had entered a caveat to prevent a grant of probate being obtained and instructed solicitors to raise a challenge to the validity of the Will based on Mrs P’s alleged lack of capacity to make the Will and undue influence by her close friends and Executors.
We obtained evidence (including witness statements from friends and carers from the hospice as well as medical evidence) that Mrs P did in fact have capacity and that the Will was valid and presented this evidence to her brother’s solicitor.
The brother refused to remove the caveat, therefore we applied to the Probate Registry to have it removed, resulting in the brother withdrawing his challenge.
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