When a changed Will divides a family
Two brothers are disputing their father’s estate, reportedly worth around £400,000, at Central London County Court. The case illustrates how closely the circumstances surrounding a changed Will can come under scrutiny.
According to Today’s Wills and Probate, Gowerdhan Dass signed a new Will in November 2023, three months before his death. It replaced an earlier arrangement benefiting all four children’s families with one leaving his estate to his youngest son and that son’s wife.
The older brother alleges undue influence and financial exploitation. The younger brother disputes those allegations and maintains that his father acted independently. The report says the case has been adjourned for further evidence. It records no final determination of these disputed allegations.
In England and Wales, changing a Will or favouring one child does not itself establish undue influence. For that particular challenge, the question is whether coercion overpowered the person’s freedom to decide. Being elderly or relying on a relative does not, by itself, establish coercion. Mental capacity and whether the person understood and approved the Will are separate questions.
Why the process matters
When an inheritance changes significantly, the evidence behind the decision deserves careful attention. Practical safeguards include:
Taking instructions privately from the person making the Will, with an opportunity to speak freely away from beneficiaries.
Recording the reasons for significant changes in the person’s own words, supported by detailed adviser notes.
Obtaining appropriate evidence of capacity, including medical input where indicated, particularly for an elderly or seriously ill person.
Keeping clear records of substantial lifetime gifts or transfers, including their purpose and the person’s authorisation.
The iTrust121 viewpoint
At iTrust121, we believe estate planning should preserve your ability to make your own decisions and leave a clear record of why you made them.
If you are changing who inherits, particularly where relationships have broken down, your reasons deserve as much care as the wording of the Will. Family involvement should happen on your terms, with space for you to speak privately and freely.
No planning process can guarantee that a Will will never be challenged. Careful advice and contemporaneous records can, however, help your executors explain and defend your intentions.
Speak to iTrust121 about reviewing your Will if your family circumstances or intended beneficiaries have changed.