Challenging a Will
Challenging a will is often a sensitive and complicated case, but our team are on hand to help ease the burden and ensure the best possible outcome.
We have vast experience in challenging wills and are able to quickly and efficiently seek out the best resolution. Our panel of consultant psychiatrists and specialist counsel assist our clients throughout the process. An individual’s will can be contested on a number of grounds…
- Invalid – due to a lack of ‘testamentary capacity’
In some cases, a person’s will may prove to be invalid as they may have not adhered to the three aspects that secure the validity of a will; understanding that they are making a will, knowing the assets they have to leave and selecting all potential beneficiaries including who should and shouldn’t benefit.
- Unfair – for close relatives or dependants
Following the passing of the 1975 Inheritance (Provision for Family and Dependants) Act, a spouse, former spouse or a dependant are able to make a claim against a will provided the claim is issued within six months of a Grant of Probate being issued. These individuals can challenge a will on the grounds that they have not gained reasonable financial provisions.
If/when an individual challenges a will, the court is then able to properly assess what the worth of the estate is and the financial circumstances of the deceased. It will then consider who is, or who would like to be included in the will (or under the law of intestacy if there was no will).
- Testator unduly influenced – due to someone making a will, against their wishes
In order to challenge a will on these grounds it is not sufficient to demonstrate that one person manipulated another into making a will in a particular form. Instead there has to be an ‘express coercion’ – implied threats of violence or intimidating behaviour.
However, instances where express coercion is shown during the contesting of a will, that will is then liable to be overturned.
To find out more and to discuss your specific requirements, contact us.
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