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A Guide to Contesting a Will


What you need to know about contesting a Will

There is often confusion around contesting a will. When a person dies the administration of their estate is dealt with in line with their will or under intestacy rules if there is no will. In our article last week, we explained why you should create a will. Without a professionally drafted will, interpreting the wishes of the deceased can often be difficult and mistakes can be made in the distribution of the estate. Grounds for challenging a will include:

  • The person who has died did not have sufficient mental capacity at the time the will was drawn up
  • The person did not understand or was not fully aware of the content of the will
  • Someone else interfered with the creation of the will, meaning they exerted undue influence
  • The will is a forgery or is fraudulent
  • Claims under the Inheritance Act for those dependent on the deceased
  • The will has not been executed properly, meaning the will has not been signed and witnessed properly.

Why you should seek advice

Will disputes can be both legally complex and emotionally draining from the outset. We advise that you seek good legal advice from the beginning. We can provide an expert in relation to the above grounds who will assist you in contesting a will. Given the amount of investigative work involved in challenging a will the process can be costly. We will offer you a competitive rate which you can discuss with one of our experts at a later date.

Where the validity of a will is questioned, or challenged, the executor, or a person interested under the will, advances it in a contentious claim before the court, joining any persons prejudiced by the proceedings as parties. If the claimant is successful, the court pronounces in favour of the will and orders the issue of a grant. In these circumstances, the will is said to be proved “in solemn form”.

Why choose us?

We have dedicated experts with a wealth of experience in this field who are willing to investigate your claim and assist you every step of the way. We offer a competitive rate for our services and we can advise you on potential costs from the outset. For more information, please get in touch referencing this article.

TEL: 01228 739 907