Getting the will right

Mr R arranged for his mother to execute a standard form of will that he completed shortly before her death. Mr R mistakenly believed that the will left his mother’s entire estate to him and he applied for a grant of probate and subsequently transferred his mother’s property to his sole name. In fact the will left the residuary estate equally to Mr R and his two siblings. We were instructed by Mr R’s brother. When the actual terms of the will were put to Mr R he claimed that he had prepared his mother’s will incorrectly and that it had been intended that he should be the sole beneficiary. We issued proceedings on behalf of Mr R’s brother and were able to negotiate a settlement and a court order was made securing our client one-third of his late mother’s estate.

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