Challenging the will gains 50%


A man died, leaving all of his assets including a large piece of valuable land to his common-law spouse.  The assets had been jointly held with the spouse, so she received them all by right of survivorship; and moreover the Deceased’s will left all his estate to the spouse as well.  Andrew challenged both the creation of the joint ownerships and the Deceased’s will, citing lack of mental capacity and undue influence, in that the spouse had assumed a position of power and was controlling the Deceased’s actions when he gave her joint ownership and when he executed his will.  We succeeded in gaining back 50% of the Deceased’s property from the spouse.