Witnesses in a Will Dispute
If you are thinking about challenging a will, one of the key things to consider is the evidence you will need to support your case, and any witnesses you will need to call. Your legal adviser will be able to talk to you specifically about the type of evidence your claim will require. In the meantime, here’s a rundown of the kinds of witness that might be involved in your will dispute.
The best kind of medical witness will be someone who was involved in treating the Testator in the run up to the date when he or she made the will that is in dispute. A doctor – whether a GP or a specialist – will be able to talk about the condition (or conditions) the Testator was suffering with, his or her state of mind, and potentially, any support or assistance he or she was receiving at the time. An alternative would be a medical expert who has seen the Testator’s medical records and can form an opinion about the same. This type of witness, and the medical evidence they can give, is especially important in cases where the validity of a will is being challenged on the grounds that the Testator lacked capacity to make a will, or was the subject of undue influence.
Other than the Testator, the solicitor who draws up the will is probably one of the best people to give evidence about the circumstances in which the will was drawn up, and to the state of mind of the Testator at the time. Solicitors involved in the drafting of a will must follow what’s known as ‘the Golden Rule’. If a Testator appears infirm or unwell at the time of making the will, the solicitor should seek medical advice to satisfy himself that the Testator does have the necessary capacity to make a will.
Friends, other relatives or people who knew the Testator
People who saw the Testator in the run up to the making of the will and who can give evidence about his or her state of mind, or things that were going on in the Testator’s life. If you suspect that someone influenced the Testator into making a will in a particular way, but you were not on hand at the time, the evidence of people who were spending time with the Testator will be important. Even if there is no suggestion of undue influence, evidence from people who could talk about the Testator’s state of mind at the time he or she made the will, or who can give evidence that supports your contentions, may be important. In the case of Lloyd v Jones some of the witnesses who gave evidence included holiday makers who had regularly stayed on the campsite run by the Testator. They were able to give evidence that it had long been the Testator’s intention to leave the farm to her son (rather than her daughter) – the crux of the dispute in that case.
There may well be other witnesses whose evidence will be important if you pursue your will dispute – however, these are some of the most common witnesses that will be involved. Your legal adviser will talk you through the evidence you will need, and the process of obtaining evidence to support your case, once you have decided to go ahead. If you have any questions about will disputes, or you are thinking of challenging a will, get in touch. We offer a free claim assessment and can talk you through your case.