Wills can be found to be invalid for a number of different reasons. Below we’ve outlined the common ground for challenging a will, do any of these apply to your case? are you concerned that some of the problems below apply to the deceased?
- Was the Will signed and witnessed properly? Is there ‘due execution’. This is governed primarily by the provisions of s9 Wills Act – click here to see the full terms of that statute
- Do you think the deceased had full legal capacity when they made the Will?
- Are you concerned they may not have had sufficient mental capacity when the Will was made? Were they of sound mind, understanding, and memory at the time? Were there any medical problems? This is a very complex area and may involve the need to instruct medical experts
- Did the deceased intend this document to be a Will?
- Are you certain that this is their last Will? Are there later Wills? Do you know of other Wills – perhaps Wills dealing with property abroad?
- Do you think the deceased understood the full terms of the Will? Did they know and approve of its contents?
- Are there concerns that someone may have exerted pressure on the deceased – was there undue influence?
- Is there a suspicion that the Will may have been revoked?
- Worried about fraud or forgery?
Challenge a Will
This is a complicated area and one where experience of previous claims is important as a guide to whether or not a claim to challenge a will shall be successful. Always take proper advice when challenging a will. Click here to complete our online enquiry form.