Our Practice Advice Service answers a commonly asked questions by private client practitioners
We act on behalf of a client who suspects their late mother has been unduly influenced by a neighbour when making her final will. The will leaves the entirety of their mother’s estate to the neighbour and no gift to the client. Can a professional investigator assist our client to prove the circumstances?
The first step is to seek a copy of the will preparation file if there is one; and also ascertain whether the deceased left a letter of wishes to justify her actions or made earlier wills.
The client may wish to engage a professional investigator (PI) to assist with gathering evidence to support a contentious probate claim. The PI may be able to uncover important information to ascertain whether the neighbour took advantage of the client’s vulnerable mother. The role of the PI includes undertaking discreet enquiries to acquire evidence to support a claim of undue influence. This could include interviewing individuals who were in frequent contact with the deceased to prepare witness statements. Once the outcome of the investigation is disclosed, you may ascertain whether there is sufficient evidence to support a contentious probate claim as to the validity of the will.
When choosing a PI, it would be prudent to check that they are a reputable company. For further information, please see the Law Society’s article on Why we are working to regulate private investigators.
Disclaimer
While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such.
The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.
This article is compiled by the Law Society’s Practice Advice Service. Comments relating to the questions should be sent to practiceadvice@lawsociety.org.uk
