Contesting a Will
With more of us living longer and estates increasing in value over recent years, challenges to Wills have become increasingly common.
Our specialist team can advise you whether you’re seeking to contest a Will or its provisions, or facing a challenge to a Will you are administering.
Some common grounds for challenging a Will include:
- Failure to sign and witness the Will correctly
- Forgery of the Will or signatures
- Fraud or deceit including poisoning of the mind against individuals
- Lack of testamentary capacity, i.e. an individual was not of sound mind
- Not knowing and approving the content of the Will
- Undue influence from a third party
If you feel you have not been treated fairly in a Will, but don’t believe there are grounds for challenging the validity of the Will itself, you could consider bringing a claim for provision under the Inheritance (Provision for Family and Dependants) Act 1975.
If you want to challenge a Will, or defend a challenge, our experienced team has the knowledge and understanding to ensure the process progresses as smoothly and swiftly as possible. We are able to undertake initial research around the drafting and legitimacy of the Will and give insight into your chances of success and how best to approach the matter.
With contested Wills claims, it’s vital to stay focused on the financial realities. This can often be difficult in situations that, by their nature, are often charged with emotion and family loyalties.
In most cases, it will be beneficial to try and reach a settlement at the earliest opportunity. With this in mind, we work closely with specialist mediators trained in brokering these sorts of deals.
For cases where court proceedings are unavoidable, we are able to work together with specialist barristers to guide you through the process and help you to achieve your objectives.
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James Wallace
Contested Wills, Trusts and Estates Partner |