It is possible for you to challenge the validity of a Will though this is a complex process. The usual questions to consider before embarking on contesting a Will are:-
Did the Testator (the person who made the Will) have the requisite mental capacity at the time of providing Will instructions and at the time of executing their Will ?
Was there any undue influence at the time of signing their Will ?
Did the Testator lack knowledge and/or approval of their Will ?
Is the Will fraudulent or forged ?
Are there any flaws in the drafting of the Will or not witnessed in accordance with the legal formalities?
If the answer to any one or more of the above questions is yes, then you may be able to challenge the Will. Time is of the essence and you must act quickly. Our specialist advisors will be happy to assist you with any enquiries you may have regarding the validity of a Will.
Contesting Probate and Claims on an Estate
We can assist with the following, amongst other matters:-
Making a claim against the estate under the Inheritance (Provisions for Family and Dependants) Act 1975 for someone who has been left out of a Will.
Defending claims against the estate.
Assisting the administration of the estate in accordance with the Will and in a time- efficient manner.
Disagreements between beneficiaries.
Disagreements with the executor.
Disagreements with the interpretation of the Will.
Litigious action should be a last resort as it is often expensive and time consuming. We try to assist our clients in preventing contentious matters escalating to the doors of the Court room.
If you are contemplating bringing a claim under the Inheritance (Provisions for Family and Dependants) Act 1975, this must be done within 6 months from the date the Grant is issued. Time is therefore of the essence. Do not delay in getting legal advice.
Please contact a member of our experienced team to talk through your questions and queries.