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This confirmed my instincts had a legal basis and told me exactly what evidence I needed. I had no idea I could challenge it until I used this.
Fiona W. · Undue Influence
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A real example brief (names changed). Each section is explained so you know exactly what to expect.
Following your father's death in March 2025, you discovered that a will signed just six weeks before his death leaves the family home entirely to your sister — despite 30 years of previous wills dividing the estate equally between you both. During the final two months of his life, your father was living with your sister, had limited contact with you, and was under treatment for vascular dementia. The most important question is whether he had the mental capacity to make a new will, and whether the change was truly his own decision.
A diagnosis of vascular dementia, combined with the timing of the will (six weeks before death) and a GP record from the same month noting significant cognitive decline, raises a strong arguable case that your father did not meet the Banks v Goodfellow test when he signed. His GP records are the critical next step.
The combination of isolation from other family members, your sister acting as sole carer, and her being the sole beneficiary of the new will creates suspicious circumstances. This ground is harder to prove but the pattern of control and isolation is evidentially relevant.
Three family members have reported that your sister told your father you had stolen money from him — an allegation that is demonstrably false. If this can be proved, it goes directly to why the will was changed and is one of the strongest grounds available.
GP record from February 2025 noting "significant short-term memory impairment and confusion" — 6 weeks before the will was signed
Three independent witnesses who can testify to the fraudulent calumny allegation
30 years of consistent previous wills dividing the estate equally — strong evidence of prior settled intention
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