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Wills Disputes

Wills Dispute Solicitors

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Rose & Rose

Wills Dispute Solicitors

There are specific circumstances in which it is possible to contest a Will. These conditions are limited, and it is not possible to contest a Will simply because you disagree.

Regardless of how complicated you deem your circumstances to be, it is essential to seek the advice of a trusted solicitor.

 

What are the grounds for challenging a Will?

Disputing a Will can be daunting, particularly if you were expecting to be included in a Will but found that you were not.

The grounds for contesting a Will are as follows:

  • Lack of testamentary capacity

If you believe that someone did not have the mental or legal ability to make a Will at the time it was executed, it is possible to contest it. In this case, you should have reason to believe that the person did not understand the nature of the act of organising their estate, or the extent of their property and they were not able to consider all the issues that should be regarded. It is likely that the person was subject to mental health issues that could lead to a distortion of their sense of right or similar.

  • Lack of knowledge and approval

If there is reason to believe that the testator was not of sound mind when they made their Will, they could lack knowledge and approval. The testator must have been aware of the Will and approved its contents, ensuring that it upheld their wishes.

  • Lack of valid execution

There are specific requirements that a Will must meet for it to be legally binding. This is outlined under Section 9 of the Wills Act 1837. Furthermore, a Will must be witnessed by an appropriate party, and there are strict rules outlining who can and cannot legally witness a Will.

  • Fraud or forgery

In cases whereby there is a question as to whether a Will has been subject to fraud, it will be disputed. Sometimes, it could be that the Will itself is a forgery, and other times, the testator’s signature is fraudulent.

  • Undue Influence

If it is believed that a Will was written against the deceased’s wishes (if they were forced physically or mentally against their will), then the Will should be disputed. Proving that a Will was curated this way is challenging, particularly if the deceased gave instructions to a solicitor who was satisfied that there was no undue influence.

 

Disputing a Will

If you are uncertain whether you have a claim or require guidance relating to contesting a Will, it is essential to speak to a reputable solicitor. It is crucial to consider the strict timeframes associated with contesting a Will, so always speak to a solicitor as soon as an issue arises.

We can offer advice relating to contesting or defending a Will.

Contact the experienced team at Rose & Rose today by clicking on a Solicitor below.

Frequently Asked Questions

Can I dispute a Will?
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A Will can only be disputed for certain reasons. It can be alleged that the Will is invalid for some reason i.e. the Will maker lacked capacity when he made the Will, he did not know or approve the contents of the Will, or the Will was made under fraud or duress. If there are no issues regarding the validity of the Will a disappointed beneficiary may be able to make a claim under the Inheritance Act.

Can I write a Will without a solicitor?
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Whilst possible to write your own will, there are laws governing in the interpretation, construction and validity of Wills. Failure to understand what makes a valid Will could mean that your own Will may be invalid or certain gifts may not affect as you would wish.

Do I need a Will if I am Married?
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Yes, many people assume that their spouse will inherit everything if they do not have a will. This is not always the case, especially where children are involved. If you have an existing will before you were married, this will have been revoked by marriage.

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Zubair Dharamsi

Zubair Dharamsi

Sally-Ann Joseph

Wills Disputes in Kingston

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