A Family Fall Out, a Contested Will and a Huge Court Bill

A recent High Court decision has brought Will and Inheritance Disputes into the spotlight and provides a stark reminder of how family disagreements can quickly turn into costly legal battles.

In this article, our Head of Will and Inheritance Disputes, Rebecca Armstrong takes a closer look at the case and what could have been done differently.

The case in brief

A father (Laxmikant Patel) made a new Will shortly before his death. Under that Will, almost the entire estate, including a property worth around £600,000, was left to his eldest daughter, Anju Patel. His other children were left just £250 each.

One of those children (Bhavenetta Stewart-Brown) challenged the Will, arguing that it should not be treated as valid. The dispute reached the High Court, where the Judge ultimately agreed, setting aside the Will.

An earlier Will which divided the estate more equally was reinstated and Ms Patel (together with her brother)  was ordered to pay Ms Stewart-Browns’ costs of over £450,000 together with her own legal fees.

Why did the Will fail?

Courts do not decide these cases based on whether a Will feels fair. The focus is always on legal validity. In this case, the court was concerned about a number of issues commonly seen in Will and inheritance disputes:

1. Last Minute changes – Wills made shortly before death are not automatically invalid, but they are closely scrutinised, particularly where someone is seriously ill or vulnerable. In this case, the father was terminally ill, frail and in hospital subject to Covid restrictions when the Will was made just 2 months before his death.
2. Suspicious circumstances – This can often be where one beneficiary benefits disproportionately, close family members are excluded without explanation or if the Will represents a dramatic change from an earlier Will.
3. Formal requirements – there are strict rules about how a Will must be signed and witnessed. If these formalities are not followed, a Will may be invalid.

The cost of getting it wrong

One of the key takeaways from this case is the financial risk of defending a Will in Court, especially if the Will looks suspicious. Court fees and legal costs  can quickly add up and the Court may order the losing party to pay not only their own costs, but the other side’s as well.

Had this case been handled out of court through mediation, the family may have been able to reach an agreement which meant that each family member received their fair share, avoiding the significant impact of legal fees on the estate.  

What should you do if you’re involved in a Will dispute?

If you believe you have been unfairly excluded from a Will, or if you are defending a claim against a Will, it is essential to seek specialist legal advice as early as possible. Expert guidance can maximise your chances of success. 

Our dedicated team are highly experienced in resolving Will disputes, often without the need for court proceedings. Drawing on our in-depth knowledge of the law, we work strategically to encourage and facilitate early resolution whenever possible to secure the best outcome for you, whilst also saving you time and money.

We also offer clear and transparent pricing, with a variety of payment options including fixed fees. This ensures you can access top-quality legal advice without the worry of unexpected costs.

For more information please contact Rebecca on 01228 516666 or click here to send her an email.