‘Fake’ Will for $7.5m Estate Challenged

The English High Court is currently hearing an interesting case where the former head girl of a private school, Ms Voysey, inherited the $7.5m estate of the school’s headmistress and owner, Mrs Renny. The estate mainly consists of the former school and land in Hertfordshire, north of London. A previous Will from 2016 divided the property among various family members, but a 2019 Will left everything to Ms Voysey. Shortly after making this Will, Mrs Renny passed away, aged 82.

Counsel for the family has argued that the 2016 Will was the last correct Will as the 2019 Will was procured by fraudulent conduct. It was not signed by the deceased, having been completed in Ms Voysey ‘s handwriting and witnessed by two of her friends. Moreover, even if it was not faked, Mrs Renny lacked the capacity to execute the Will and did not know or approve of the contents. 

Ms Voysey claimed that, after ‘reconnecting’ with Mrs Renny, she decided to write her ‘distant blood relatives’ out of her Will because she feared they would sell to developers, something she was determined should not happen.

Grounds for challenging the validity of a Will in NSW

The reasons why the validity of a Will can be challenged in NSW, similarly to the above, include:

• the Will-maker lacked the required mental capacity at the time of writing;
• the Will-maker did not know and approve of the contents of the Will;
• the Will-maker was subjected to undue influence;
• fraud was involved;
• the Will was forged.

A challenge can be made by beneficiaries named in either the current or a previous Will, or by someone who would be entitled to a share of the deceased’s estate if there was no Will. 

Contact our Challenging a Will Solicitors in Sydney, NSW

If you are considering challenging a Will, contact the experts at Szabo & Associates Solicitors [LINK] on 02 9281 5088 or complete the online enquiry form.