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APRIL 2013In Association With... 43population and the resultant increase ofdiseases like Alzheimer’s, this is a trait which wethink will only continue.How can people avoid challenges?There are a number of ways in which thechances of a challenge arising can bereduced, although it can be very difficultto avoid the possibility of any challengewhatsoever. People should ensure that theyhave an up to date will prepared by a solicitorwho should take a detailed attendance noteof their instructions and the circumstancessurrounding the preparation and executionof the will. If someone who might expect tobenefit is being left out of a will, it is always agood idea to have an explanation by thetestator either in a letter of wishes or even thewill itself. While this might not appease thedisinherited, it should help them understand thetestators’ motives and rationale. It could alsoprovide useful evidence to the court as to thetestator’s state of mind should the matter everget that far.If the testator is elderly or ill, it would be wise toengage a medical practitioner to opine ontestamentary capacity to reduce the chancesof a later challenge. The testator should ifpossible ensure to give their instructions andexecute the will without the involvement ofanyone that stands to benefit from the will whocould be alleged to have unduly influencedthem. Likewise a solicitor should satisfythemselves that the instructions they arereceiving reflect the true wishes of their clientand not someone subject to the overbearinginfluence of others.The testator and their solicitor should ensure thatthe legalities of properly signing the will areadhered to carefully to avoid any argumentsabout due execution. We had one case lastyear where a will had been signed twice by thetestator in different coloured pens. It transpiredthat he had in fact signed it on two separateoccasions, each before a different witness butthat the witnesses were not present at the sametime – with the result that the will was entirelyinvalid.Can you tell me about the most commontypes of disputes that arise from Court ofProtection work?The most common types of case that we seeinvolving the Court of Protection are the abuse,or the alleged abuse, of Powers of Attorney.We frequently see cases where it is argued theAttorney has abused their powers by oftenusing a donor’s money for their own purposesrather than for the benefit of the donor. Themorale of the story is choose your attorney verycarefully!Is there anything else you would like toadd?I would say that the world of contentious trustand probate is a fascinating but specialisedone inhabited by relatively few lawyers whoreally know their subject area. It is also onethat often requires practitioners to adopt asympathetic yet pragmatic approach toresolving what can be very delicate issues.These types of case can affect anyone insociety and most people we speak to haveeither experienced a dispute in their family orknow someone close to them who has.Contentious trust and probate is an area of thelaw that will continue to grow and providespecialist teams like ours interesting and fulfillinginstructions for many years to come. LMLucy HowardDavid CatchpoleContact Details:David CatchpoleHead of Contentious Trust & ProbateMills & Reeve LLPTel: +(44)(0)1603 693383Email: david.catchpole@mills-reeve.comwww.lawyer-monthly.com