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Will contested on grounds of mental capacity

The challenge

The client came to us with a situation in which her sister was trying to challenge their father’s will on the grounds that he did not have mental capacity at the time he signed it.

The solution

Our Wills & Inheritance and Dispute Resolution teams worked together to quickly resolve the issue, lead by Mike Rapps and Emma Ironside.

The process

We obtained medical reports to prove father’s capacity at the time the will was drafted.

As this involved a family relationship we were sensitive that the client would not want a commercial matter of fact approach. We encouraged the client to be involved in the process so she felt she was in control of the legal action.

Over a ten-month period, we advised on the procedure and the prospects of success and used negotiation. We made sure that we communicated clearly with the client so she understood every step of the process and could make informed decisions on how she wanted to deal with the matter. We made sure the client could reach us by phone or email when needed and ensured that all of questions were answered.

The result

We managed to resolve the dispute quickly without having to issue court proceedings, ending up with a very relieved client and a wholly resolved situation.

“Gregg Latchams provided a fully transparent service during a very stressful time. Communication is so important at times like this and they do this very well. They’ve treated me as an equal, answered every question I’ve asked, offered me advice and guidance at each stage, and provided me with draft letters and alternative options which has helped me feel empowered. I thank them for their good service and would happily recommend them to others.”

– Anonymous


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