Family Successfully Challenges Validity of Will

An interesting inheritance dispute case from the UK has featured in the Australian media this week. 

The dispute was over the Will of Marcel Chu, who was a successful banker from London, reports news.com.au. When he died in 2014 Mr Chu left an estate worth around $1.8 million.

Under a Will written in 2008, Mr Chu left his estate to his siblings, a niece and nephew and a friend. However, a second Will, signed only two days before Mr Chu died, left 40% of his assets to the woman who had been his carer, Donna Henderson.

Mr Chu suffered from a long-term health condition, which caused his health to deteriorate significantly in the last year of his life, and so Mrs Henderson had been employed to care for him. Mr Chu’s memory and mental state had apparently been affected, and he was also reportedly suffering from a number of other health complaints.

Mr Chu’s siblings challenged the validity of this second Will in court, claiming their brother lacked the mental capacity to make a Will at that stage of his life.

Mrs Henderson admitted to organising the writing of the second Will, and that she had ‘assisted’ him in signing it, but maintained that Mr Chu gave his consent to the contents.

However, the judge has now ruled that the second Will is invalid and that the original Will, signed in 2008, should stand. He noted that Mrs Henderson had appeared to play down the true state of Mr Chu’s health when communicating with his family, which could have been an attempt to prevent them from getting involved. He also highlighted that there was a significant difference between “leading” and “steadying the hand” when it comes to signing a Will.

In NSW there are several grounds on which the validity of a Will can be challenged. These include:

• The Will is 'Grossly unfair'. If the Will is considered to be grossly unfair then you may be able to successfully challenge it.
• Lack of testamentary capacity. These claims are based on the assertion that the person writing the Will lacked the necessary mental capacity to understand the ramifications of writing a Will, or that they were not in control of their faculties.
• Duress, Fraud & Undue Influence. If it is believed that the testator was not acting of their own free will when writing their Will, then the Will can be challenged.

Contact Us

Szabo & Associates, Solicitors can offer expert advice on a wide range of legal matters, including contesting, making or updating a Will and preparing an Enduring Power of Attorney and Appointments of Enduring Guardians. Please call George Szabo on (02) 9281-5088 or fill in our online contact form.