Contesting a Will
If you are a family member or disappointed relative unhappy with a will we can advise you on the Grounds to Contest a Will. We act for clients across the UK with Inheritance disputes and are one of the very few firms to genuinely specialise in this area of law.
Whatever the problem we will try and help you, we have a proven track regard in successfully acting for clients in contesting wills, if you are unsure as to what the grounds to contest a will are call us now on 0844 740 1637.
What are the Grounds to Contest a Will ?
The starting point is to obtain a copy of the will, this will typically be with the solicitor, the executor or relative. If for whatever reason there is a refusal to disclose a copy of the will, then a Caveat may be able to be placed on the estate. This means that probate cannot be issued. You find out more about Caveats by clicking here.
Typically once we have a copy of the will we find that will’s maybe challenged under the following grounds :-
Invalid wills : is the will correctly executed ?
The law governing wills provides for a will to be valid it must be :-
- In writing and signed by the person making the will
- The person making the will intended by his signature to give to the will
- The signature must be made in the presence of at least two witnesses
- Both witnesses must be present at the same time as the will being signed
Common problems with wills
Despite the formalities of wills being clear we regularly see a variety of problems arising in that :-
- Wills are not signed correctly in the right place
- The witnesses may have been beneficiaries under the will
- The original of the will has been lost
- The will has writing on it
- The witnesses have signed at different times and not in the presence of the person making the will
- The wrong wills being signed in error
- Lack of capacity on the person making the will
What are the Grounds to Contest A Will
- Challenging the will on the grounds that the Deceased did not have the capacity
- Making a claim for financial provision from the estate under the Inheritance Act 1975
- Alleging that undue influence arose when the Deceased signed the will
- Issues as to fraud
- The will is unclear as to it’s meaning
- The executor has acted unreasonably
- The Testator / person making the will made a promise that has been broken
Whatever your concern with a will, let us help you. As experienced solicitors in this area it is important not to presume anything – call us now on 0844 740 1637