Where there is a Will, there could be a way but not always. Edwin Coe's Trusts and Estates Disputes team is well-equipped to advise on challenges to Wills, which are among the most frequently encountered instructions we receive in this area. A Will may be ambiguous, contain an error, have been executed without the testator having testamentary capacity, or have been procured by undue influence, or in rare cases may even have been forged.

Where a Will contains an error in its drafting or execution, an application may be made to court for it to be rectified. This is often one of the first remedies to consider where possible. Alternatively, where a Will contains ambiguous wording, an application for its interpretation may be made, inviting the court to determine the underlying meaning and intention of the testator. Such applications are more commonly brought by disappointed beneficiaries, although they may equally be brought on behalf of personal representatives.

A note on terminology: the court process by which it determines the meaning of a testamentary document has traditionally been referred to as a “construction” application. This language remains the correct legal terminology in English law (see, for example, Marley v Rawlings [2014] UKSC 51), but in practice we often describe it as an “interpretation” application for clarity.

Experience

We acted for the two adult children, who were defendants in a claim against the estate of their father, the Late Vladmir Scherbakov. The claim concerned considerable assets held in off-shore trusts and a significant dispute arose as a result of a number of alleged wills in existence, the domicile of Mr Scherbakov and the ownership of BVI holding companies. The Estate of Mr Scherbakov was estimated to be around £150 million. We worked closely with legal counsel in multiple other jurisdictions where there was related satellite litigation.