Contesting A Will : Contested Probate Solicitor
Where there’s a will there’s a way, is the common saying however to a Solicitor involved in Will Disputes, the number of disputed cases continues to raise as families rage war with one another over what that they perceive to be their rightful `entitlement.` If you are unhappy with a will how can you contest it ? well here are the top 10 most common ways to contest a will :-
1. The will is invalid in some way. All Wills must comply with the Wills Act and be signed, dated and witnessed. The advent of DIY wills has meant this surprisingly easy task often isn’t undertaken correctly.
2. Undue influence. Difficult to establish but can arise when someone is forced into making or altering a will.
3. Lack of Testamentary Capacity. Did the Deceased have the right mental capacity to make the will ?
4.Will fraud. The signature on the will might not have been the Deceased’s.
5. The will may have failed to adequately provide for a member of a family who before the Death was `financially maintained `by the Deceased.
6. An Executor may have acted unreasonably in the way the estate has been distributed.
7. The Deceased may have failed to keep to a genuine promise or assuarance to provide for someone.
8. Negligence in the way the will was drafted. Arises when the will is poorly drafted and doesn’t truely reflect the intentions of the person making the will.
9. Issues arising out of the loss or destruction of an original will.
10. The Deceased did not understand and approve the contents of his will.
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