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Contest a Will a WillContesting a will
In order contest a Will you need to establish legal grounds in order to challenge the validity of the Will.

Our specialist solicitors are on hand to provide the best possible help and advice on how best to contest a Will.

There are a number on instances in which you can contest a will and this web site explores all of them. If you feel that you have grounds to challenge a Will then contact us today for advice and a free evaluation of your case.

Contesting a Will – The Basics

A Will can only be contested if the Will itself is invalid or if a dependant of the deceased has not been adequately provided for. You cannot contest a Will just because you don't agree with it's contents.

Many people wrongly assume that they have a right to inherit and whilst the law makes provisions for the dependants of the deceased, there is no automatic right to inherit.

In order for someone to successfully contest a will they need to have legal grounds to do so.

There are a number of legal grounds on which you can contest a will and these are detailed below:

Lack of Testamentary Capacity

If the deceased was mentally impaired at the time of making the Will then it may be possible to contest a Will on these grounds. The deceased must have been of sound mind and fully understand what they were doing when the Will was drawn up. The person must in most cases, also be at least 18 years old.   Read More >>>

Inadequate Provision

As a general rule you entitled to leave your money and estate to whoever you like. However, the law dictates that there must be “reasonable financial provision” for certain people like dependants or a spouse. For more information on this see Inheritance Act Claims.

Undue influence

We often hear from people who have had elderly relatives that have been bullied or forced into changing their Will. Contesting a Will on these grounds tends to be difficult unless you can provide clear evidence.

If it can be proved that the deceased was pressured or coerced into making or changing their Will then a Court has the power to set aside the Will either in part or its entirety.

Invalid Wills

Under normal circumstances for a Will to be valid it must be in writing and be signed. The signature also needs to be witnessed by two people at the same time. If this is not the case then the Will may be invalid.

Changes to the Inheritance Act

In October 2014 changes to the inheritance law came into force. These changes apply in England and Wales. There has been little change to this inheritance law this century. These new changes affect the rights of people whose spouses and civil partners die intestate (without making a will).   Read More >>>



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