Challenges against Wills by Family Members

11 March 10

In Gill V Woodall & Ors [2009] , Mr & Mrs Gill had made ‘mirror’ Wills in 1993 leaving residue to each other, failing whom to the RSPCA (disinheriting their only child, Dr Christine Gill).  The court set aside Mrs Gill’s Will on the ground of undue influence - amounting to coercion - by her husband, notwithstanding that she did not change her Will in the 13 years between 1993 and her death (even after her husband died in 1999).  This case follows the courts’ current trend to find against Wills which go against the ‘norm’ and highlights the problems in cases where there is no contemporaneous evidence to explain the exclusion of a close family member.

If you wish to make a Will  we can, if you desire, explain why children or close family members have been excluded in that Will.  For more information on Making a Will, contact Nia Wharry on Tel: 01256 320 555.