As people are living longer, sadly suffering from the frailties of old age, more and more Wills are being challenged.
Before contesting 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.
Our dedicated and experienced contentious probate team can provide you with expert advice on the options to challenge or respond to a challenge against a Will or estate. To discuss further, please contact us on 01733 888888 or by emailing firstname.lastname@example.org.