With will disputes at a record high, we are frequently asked the question, how do you challenge a will ? in our experience the most common grounds are as follows :-
- making a claim under the Inheritance Act 1975, for reasonable financial provision
- alleging the will is invalid as the testator ( the person making the will ) did not have the mental capacity to make the will
- arguing that the testator did not have the intention to make a will
- at the time the will was made undue influence arose by a third party who may have forced the testator to make the will
- the will is unclear
- the will was not executed correctly eg. signed, and witnessed
- the will may have been revoked by a later will
If you are unhappy with a will, the most important advice is to act quickly – there are very strict time limits to contesting wills and therefore the need to seek advice is crucial.
If you would like an initial advice on whether you can contest a will, please feel free to contact Tim Murden at firstname.lastname@example.org or call on 01482 429985.