The will sets out why I was disinherited, but the facts are untrue – can I challenge the will?

  • Yes.  The facts that the parent relies upon to disinherit must be true.
  • In addition, there must be a logical connection between those facts and the act of the disinheritance.

In Schipper v. De Lange the mother left 25% to her only daughter, and the rest to two nephews.  The stated reasons were that the daughter did not visit, showed no interest in her parents despite their illness and was financially well off.

The court found that none of these reasons were true.  The parents had concealed their ill health from their daughter.  The daughter called on a weekly basis.  She lived in Hawaii, but visited the parents regularly, although less often recently due to her financial setbacks.  She was not well off.

The court would have given the daughter 75% of the estate.  However, since she had received a gift of $110,000 during her parents life, she was awarded 50%.

If you have questions about a gift in a will, we can help.  Contact us.

Read the case:  Schipper v. De Lange

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