Disputing a will can be a challenging and emotional process, but it’s important to handle the situation responsibly and legally. The extreme case of Dr. Thomas Kwan, a doctor who attempted to murder his mother’s partner in an inheritance dispute, illustrates just how desperately people can behave in the pursuit of money, and highlights exactly what not to do when facing frustration over a will.
Kwan, 53, recently admitted to attempted murder after initially denying the charge. In January, he injected his mother’s partner, Patrick O’Hara, with poison in a calculated attempt to secure his inheritance. O’Hara, 71, developed a rare and life-threatening flesh-eating disease as a result of the toxin, requiring extensive treatment, including the removal of parts of his arm. Newcastle Crown Court heard how Kwan, driven by obsession over his inheritance, meticulously planned and carried out the attack, which prosecutors described as “audacious” and “stranger than fiction.”
Kwan’s elaborate plot involved sending fake NHS letters to Mr O’Hara, posing as a nurse during a home visit, and disguising himself to administer what is believed to have been a pesticide under the guise of a Covid-19 booster injection. His efforts to avoid detection were extensive—using false number plates, booking hotels under a false name, and even installing spyware on his mother’s computer to monitor the couple. His crime, however, was uncovered, and he now faces a lengthy prison sentence. The effects on Mr O’Hara and Kwan’s mother can only be imagined.
While this case is an extreme and rare example, it underscores that resorting to illegal or violent actions in a dispute over inheritance will only lead to severe consequences. If you believe you are entitled to an inheritance that you haven’t received, here’s what you should do instead:
- Obtain Legal Advice Early
If you think you have been unfairly left out of a will, it is crucial to seek advice from a solicitor specialising in inheritance law as soon as possible. Acting promptly is essential, as there are time limits on certain claims, and receiving professional guidance early will ensure you understand your rights and the best way forward.
Under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act), certain individuals, including children of the deceased, may be able to make a claim for financial provision if they feel they have not been adequately provided for in the will. The Act is intended to ensure that eligible persons, including those who were financially dependent on the deceased, can receive a fair share of the estate.
- Consider the Validity of the Will
If you suspect there is an issue with the will itself, you may have grounds to challenge its validity. Common reasons for contesting a will include lack of testamentary capacity (where the person who made the will did not fully understand what they were doing), undue influence (where someone else pressured the person into making the will in a particular way), or fraud. It’s important to consult a solicitor to explore whether any of these factors might apply to your situation.
- Challenge the Estate’s Administration
If you feel the issue lies not with the will itself, but with how the estate is being managed, you may be able to challenge the actions of the executor. Executors have a legal duty to administer the estate according to the terms of the will and in compliance with the law. If they fail to do so, you can seek legal advice on whether there are grounds to dispute the executor’s handling of the estate.
- Have a Conversation (if Appropriate)
If the person from whom you expect to receive an inheritance is still alive, it may be wise to have a direct conversation with them about their intentions. A respectful discussion could avoid potential disputes after their death. However, it’s important to be mindful of whether doing so would be appropriate, and not exerting any undue influence, as this could complicate matters later on and could even be used as evidence to challenge the will in future.
Of course, it is for a testator (the person making the will) to decide how they wish to distribute their estate. Sometimes family members will be disappointed by the testator’s decisions, but they will not have valid legal grounds to challenge the will. While there is no suggestion that Thomas Kwan would have had grounds to challenge his mother’s will, his case is a stark reminder of the consequences of taking extreme and unlawful actions over inheritance disputes. While emotions can run high in such situations, acting illegally will lead to serious consequences, including imprisonment, cause significant harm to both your reputation and relationships, and, of course, suffering to other parties.
If you believe you’ve been wrongly excluded from a will, the correct way forward is to seek legal advice, understand your rights under UK law, and pursue a dispute through appropriate legal channels. Consulting a solicitor is the most effective and responsible approach, ensuring your case is handled fairly and in accordance with the law.
