FAQs on contesting a will

 

Can a will be contested?

Ordinarily, a will is the final and binding word on the wishes of a deceased person. However, in some circumstances, a will can be challenged in order to facilitate a different distribution of the deceased person’s estate to what is set out in the will.

When can a will be contested?

There are laws governing when a will can be contested. Wills can only be challenged for one of two reasons: first, if the will is invalid and, second, if certain people have not been provided for in the will.

When is a will invalid?

A will made in the UK must comply with strict legal requirements. If these requirements are not met, the will may be invalid. Some of the main requirements that usually result in a will being contested are that the will was not in writing or was not signed in the presence of two witnesses. Additionally, the witnesses must not be beneficiaries under the will or married to beneficiaries.

Can a will be contested for fraud?

A will may also be contested if there are suspicious or irregular circumstances surrounding the making of the will. If the person making the will was not of sound mind at the time of the making of the will, or if they were under pressure or duress from another person to write the will in a particular way, it may be invalid. Similarly, if the will is proved to be a forgery it will be invalid.

When can a will be contested for inadequate provision?

Certain categories of people who are financially dependent on the deceased may be able to contest a will if they were not adequately provided for under it. A wills and probate solicitor can advise whether you can make this type of claim.

Are you looking for expert legal advice on contesting a will? We can help to put you in touch with a local specialist solicitor free of charge. Call us on 08001 221 2299 and let our dedicated case handlers find the right solicitor for your needs.

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