Problems With Wills

When a Will is made, certain requirements must be met to ensure it is valid.

If a Will is not made properly, this can lead to a person’s wishes remaining unfulfilled. If a Will is properly made, it can still be challenged, but will not be invalid simply because its terms seem unfair or surprising.

Challenging a will

Our expert team specialise in challenging wills and resolving a wide range of issues that can arise during probate and inheritance disputes. Whether it’s addressing concerns about the testator’s lack of mental capacity at the time the will was made or uncovering instances of fraud or forgery, we are here to provide expert advice and support.

With a deep understanding of contentious probate law and a commitment to achieving fair outcomes, we can help you navigate these complex situations and protect your rights.

Get in touch with a specialist member of the team today for more expert legal advice and guidance.

Grounds for contesting a Will

Broadly speaking, a Will can be challenged for the following reasons:

• Lack of testamentary capacity: the person making the Will did not have the capacity required to make it

• Lack of knowledge and approval: the person making the Will did not know and approve the contents of the Will

• Rectification: there is a clerical error which results in the Will not having the effect intended by the person who made the Will

• Undue influence: the person making the Will was coerced into making the Will against their wishes

• Failure to comply with the formalities set out within s9 of the Wills Act 1837 which requires the will to be in writing, signed and witnessed by two independent persons