This month, Wills and Probate solicitor, Connor King, had a great success for his client in an inheritance dispute. The case highlights the importance of proper estate planning, and shows some creative solutions from Connor!
| Challenge under the Intestacy Rules
Connor’s client came to him with a challenging situation. After the sudden passing of his brother, who had not made a will, there was an inheritance dispute over his late brother’s estate. A half-sister of the deceased placed a caveat on the Estate. She claimed that our client was not able to prove that he was a whole-blood brother of the deceased. She therefore claimed that she was entitled to half of their late brother’s estate, pursuant to the Intestacy Rules.
Our client had no evidence to prove that he was the whole-blood brother, but knew that he was.
| Creative solutions
Originally instructed to advise on his merits of successfully challenging the caveat, Connor considered how to prove his client’s parentage. With a little creative thinking, he arranged DNA testing of both his client and his late brother, which was extracted from items belonging to the deceased. Happily, for our client, the report confirmed that our client was much more likely to be a whole-blood brother of the deceased, rather than a half-brother.
Thanks to the test results, the caveat was lifted, and our client was awarded the full value of his late brother’s estate. A victory that wouldn’t have been possible without that crucial step.
Connor said,
“I am proud to have been able to offer a far more comprehensive service that went beyond traditional legal advice. It is reassuring to know that with the assistance of modern DNA testing, we are far more capable of resolving these types of disputes.”
This case serves as a reminder of the importance of making a will and taking care of estate planning. Had our client’s brother made a will, it’s likely that none of this would have been necessary.
If you would like to make or update your will, or find yourself in a dispute regarding a loved one’s estate or inheritance, our team can help. Call us on 0800 988 7756 or make an appointment online.
