Contesting a Will...
One
That it is invalid due to the lack of “testamentary capacity”. In order to make a valid will, a person must
(a) – understand that they are making a will
(b) –know what assets they have to leave
(c) – be able to consider all potential beneficiaries and decide who should and who shouldn’t benefit.
We have huge experience of defending and challenging wills and know how to secure a quick and economical resolution. Simon Richardson is a member of ACTAPS (the Association of Contentious Trusts and Probate Solicitors). We have a panel of Consultant psychiatrists and specialist Counsel whom we use to assist our clients and legal aid may be available.
Two
That it is unfair to close relatives or dependants.
In 1975 the Inheritance (Provision for Family and Dependants) Act was passed. This enabled a spouse, former spouse or dependant to make a claim simply on the ground that they had not received reasonable financial provision under the deceased’s will (or under the law of intestacy if there was no will).
If a claim is made the Court will consider what the estate is worth and also the financial circumstances of everybody who is, or would like to be, included.
It is vital for any claim to be issued within 6 months of a Grant of Probate being issued.
Three
That the testator was unduly influenced by someone into making a will that they didn’t want to make.
It is not enough to show that one person manipulated another into making a will in a certain form, there has to be “express coercion”. But where that is shown, a will is liable to be overturned.
Main Contact:
Derby: Simon Richardson
Burton: Nick Green
Leicester: Pat Young
