Contesting a Will – Presley case in the headlines

Issues around contesting a will have hit the headlines again. It has been widely reported that Priscilla Presley is challenging the validity of daughter Lisa Marie Presley’s will.  

In a recent article we looked at the issues of contesting a will as we are seeing an increasing number of bereaved families contesting wills. Whilst the issues in Priscilla’s case relate to probate in the US, there is still much relevance for us here in the UK.

Grounds for contesting a will

In this recent case, Priscilla Presley is contesting a 2016 amendment that removed Priscilla as an estate trustee. The amendment meant she was no longer responsible for overseeing her daughter’s assets and responsibility was passed to two of her children.

Her challenge to its validity centres on: she was never notified of the change (and should have been); the document wasn’t notarised or witnessed; the signature was not compatible with Lisa-Marie’s usual signature.

If you are making an amendment to a will or trust, you should always take advice from a solicitor that specialises in that area of law. If you don’t, mistakes can prove costly.

Although this case is taking place in America, the principles are the same in the UK. If you were considering contesting the contents of a will you would be looking at issues such as:

• Was the will drawn up in accordance with the deceased’s wishes?
• Was the will completed and filed appropriately?
• Were there any clerical errors?
• Was incorrect advice given – legal and tax?
• Was the deceased unduly influenced, coerced, or misled?
• Was the person making the will of sound mental capacity at the time of drafting?

Your solicitor can advise on such matters and investigate.

What if you are on the receiving end of a contested will

In this particular case, friends and family of Lisa-Marie Presley are already speaking out in the press saying the will is exactly according to Lisa-Marie’s wishes and that she had no relationship with her mother. So what do you do if you are on the receiving end of a contested will?

Having someone contest a will in which you are an executor / or beneficiary can be emotionally upsetting and can obviously delay the process of administering the estate. Your solicitor can also help advise you in this instance. They will investigate and help you understand the issues, establish your case and help resolve the dispute as amicably as possible. 

In any contested will it is important to consider:

• What are the chances of a ‘win’ 
• What could you stand to gain and what could you stand to lose  
• What would be the impact on family relationships

We will always work in your best interests and endeavour to resolve the dispute in the most amicable way, notwithstanding the need to go to court if an amicable resolution is not achievable.

Contact Bird & Lovibond’s probate team to discuss any concerns or issues surrounding contested probate.

David Trood
E: dtrood@bird-lovibond.co.uk
T: 01895 256151

Victoria Payne
E: vpayne@bird-lovibond.co.uk
T: 01895 256151