As people are living longer, sadly suffering from the frailties of old age, more & more Wills are being challenged.
Before challenging a Will it is advisable to consider what the position will be if you succeed. If, for example, there is a previous valid Will which does not benefit you then there is no point in challenging the last Will. Similarly, if a successful challenge would lead to an intestacy, will you benefit under the intestacy rules?
The validity of the Will can be challenged on a number of basis:
- Lack of capacity
- Lack of testamentary intention
- A failure to follow correct procedure (Lack of due execution)
- Knowledge and approval
- Fraud and forgery
- Undue influence.
If a successful challenge to a Will can be mounted on any of these grounds the Will will not be admitted to Probate.
