Disputing the validity of a Will
If a Will is suspicious or unjust then there are a number of avenues available to challenge it. Generally speaking challenges fall into two broad categories; the first is where the actual validity of the Will is challenged. This might be for a number of reasons including:
- Did the person making the Will lack capacity, or in other words, not understand because of some physical or mental impairment affecting the nature of what they were doing.
- Was the maker of the Will duped or tricked so they didn’t know they were signing a Will?
- Maybe the Will was not legally executed because it didn’t bear a true signature or was not signed in the right place or was not properly witnessed.
- Was there undue influence or coercion so the person making the Will was unduly pressurised into making provision which didn’t reflect their true intentions or wishes?
Success under any of the claims above would result in the Will being struck out so that any earlier Will would take effect. In the absence of an earlier Will, the Estate would be intestate and so the assets would be distributed in accordance with the Intestacy Rules. For more information and specialist advice, contact one of our expert lawyers.
Phil Gregory
Partner01392 210700
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