Inheritance Claims: Difficulties In Proving Who Is Right

If someone whom had Alzheimer's disease dies and they have made a Will

, there is a chance that the validity of this Will might be challenged.

If the deceased person was in the very, very early stages of Alzheimer's when they wrote their will, then any inheritance claims will not be likely to succeed. Inheritance claims can only be successful if it can be proven that the deceased person was coerced, the subject of undue pressure or was not in a fit state of mind to re-write their will.

This is actually very difficult to prove. Some inheritance claims look very 'sound' initially, but upon further research it may simply seem as if the deceased person had changed their mind and decided that the beneficiaries of their will ought to change.

If the research shows that the deceased person simply changed their mind, then contesting a will is unlikely to be successful. Inheritance claims have to show that the deceased person was either not mentally capable or were forced to change their minds and that is so difficult to prove.

For example, it is easy for people to disagree over something. So, as an example, two members of a family fall out about something. As a result Person A writes Person B out of their will. Then sadly Person A dies. The question to be answered with regard to any inheritance claims is whether Person A was of sound mind when they re-wrote their will or whether or not they were mentally unfit at this point in time. Or was Person A effectively forced into re-writing their will because Person C put undue influence on them and Person C will now stand to inherit most of the estate?

These are not easy questions to answer and this is why contesting a will is so difficult and why only specialised inheritance claims solicitors will actually take them on. It is all too easy to think that someone was forced to cut you out of a will, but in reality, maybe they did simply change their mind and decide that they did not want to leave you anything and instead their affections had simply switched over to someone else. This is a complex area of law and one that is difficult for all concerned, but there is an important point to remember with inheritance claims and that is that no person should be forced into changing their will or rewriting it to suit other potential beneficiaries; that is simply abuse!

by: Tim Bishop

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