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Challenges to Wills are much more common today in the UK than they were even 20 years ago, due to a number of factors; people are living longer, estates are increasing in value and families have become much more complex.
If you are thinking of challenging a Will, we suggest that you take professional legal advice sooner rather than later. It is important for you to quickly establish whether you have grounds for challenging as some claims have short time limits.
Contact specialist solicitor, Kax Chana on 01827 317079 or kchana@pickerings-solicitors.com. She and our team can advise you on the process.
The decision to contest a Will should not be taken lightly since it can be financially costly and emotionally draining. It is important to get legal advice as to the merit of your case. If you successfully challenge a Will, it will be declared invalid. In this instance the next most valid Will stands and if there is no other Will the rules of intestacy will apply. Relatives or interested parties may decide to contest a Will because they feel that there is something 'not right' about it.
On what grounds can you challenge a Will?
Grounds for successfully contesting a Will in England and Wales might be :
- Undue Influence - i.e. if you can demonstrate that at the time the Will was made, the Testator (Person who made the Will) was coerced, intimidated, deceived or manipulated by another party to influence the content of the Will to that party's advantage.
- Lack of testamentary capacity - if you can show that the Testator did not know what they were doing at the time that they made the Will ( i.e. that they were not of sound mind).
- Forgery of the Will and/or signatures.
- The Will was not properly executed (i.e. not signed and witnessed correctly).
- You were financially dependent on the deceased, but they made no provision for you in their Will. In this case you might be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
- Fraudulent Calumny - poisoning the mind of of testator against you to deprive you of an inheritance
- If you were promised an inheritance by the Testator during their lifetime but the Will does not reflect this. Here you may use a legal challenge called 'Proprietary Estoppel'
- Administrative errors which might affect your legacy i.e. a zero missing leaving you with £5,000 rather than £50,000.
- The testator not knowing and approving the content of the Will
Our team has experience both in challenging Wills and also in defending challenges to a Will, and advising on the action to be taken due to the absence of a Will. Contact specialist solicitor, Kax Chana on 01827 317079 or kchana@pickerings-solicitors.com.
