Disputing a Will

Sometimes the contents of a will can be unexpected and can produce surprise anger and distress. You may be a person who feels that a will is invalid or unfair or you may be the executor of a will who thinks that the will could be challenged. In either case we can help you!

There are broadly three ways in which a will can be successfully challenged:

• The will itself is invalid –

This may be because it is a forgery, it has not been signed properly, it has not been witnessed by 2 independent witnesses in the correct manner, or because the wording on the will is too unclear;

• The deceased was not capable of making a valid will –

The most common way of showing the deceased was incapable is by obtaining evidence that the deceased did not have the necessary mental capacity to make a will at the time that the will was made. The will would also be invalid if the deceased had been under duress or if some person had used pressure on the deceased to make the will in a certain way;

• The will may be valid, but its contents may be unfair on one or more persons –

Sometimes certain categories of relatives, usually spouses, partners or children, may have the right to challenge a will under the Inheritance (Provision for Family and Dependants) Act 1975 and may be able to make a successful claim.

Other people, not necessarily close relatives, may have a claim if they were financially dependent on the deceased or, in some cases, if the deceased made promises that have not been fulfilled in this will and upon which the disappointed beneficiary relied.

The law and cases relating to disputed wills are very complex, but we are happy to give a FREE 15 minute telephone consultation to give some preliminary advice on whether a claim may be valid.