The importance of a legally drafted Will

January 31st 2025

The number of reports on probate disputes in the national news is increasing. In December 2024 The Times reported on the case of Leigh Voysey (Ex-head girl jailed for forging former headmistress’s will in £4.2m fraud) who was jailed for six and a half years and ordered to pay £200,000 in legal fees as a result of an attempted fraud. 

Leigh devised a multimillion-pound swindle involving her former headmistress Ms Renny’s estate and her Will, which she has forged and subsequently asked a friend to sign on Ms Renny’s behalf. 

According to the Will drafted by Leigh in 2019, she was to be the sole beneficiary of the deceased’s £4.2m estate to the exclusion of all of Ms Renny’s blood relations. This was in stark contrast to the provisions of Ms Renny’s previous Will made in 2016. 

After Ms Renny’s death, her family became suspicious. After a complex and expensive legal battle the judge, Karen Shuman, found that the 2016 Will should be upheld. She criticised the 2019 Will and described it as “something taken from the internet or bought from a shop”. 

This case is a good reminder of the importance of making an effective Will. It also shows that challenging a Will can be a very expensive process, although if successful, some costs of the litigation may be recouped. 

The most common grounds for challenging a Will are that it was completed fraudulently due to undue influence perhaps, or that the testator lacked mental capacity, or that there were errors in the preparation or execution of the document. A lesser-known ground for challenging a Will is a claim under the Inheritance (Provision for Family and Dependants) Act 1975, whereby, as the title suggests, certain family members can dispute a Will based on their relationship to the deceased and the adequacy of the provision (if any) made in the Will for them. 

Although having a ‘homemade’ Will does not automatically mean that it will be open to a challenge or be invalid, taking professional legal advice is always advisable. The award-winning Private Client team at SE Solicitors is highly experienced in complex Will drafting.  We also specialise in navigating the complicated issues surrounding contentious probate matters. We would welcome discussions about your needs and requirements. 

 

 

 

“something taken from the internet or bought from a shop”

https://www.thetimes.com/article/9dabb449-c8ec-40d6-b91c-9198e167a47b