Are you worried that a loved one’s Will does not reflect their wishes? Do you need advice on challenging a Will? Let Palmers Solicitors help.
Making a Will that accounts for all beneficiaries and assets can be a challenge and things can easily be missed.
We understand that you want to make sure that your loved one’s Will is accurate – and take action if this isn’t the case.
You might find a Will is contested on a number of grounds, including:
- Lack of capacity – The person making the Will (testator) isn’t legally able to understand the implications of the Will due to illness, age or injury.
- Omitting the necessary formalities – A Will has not been signed by witnesses or in the presence of witnesses.
- Lack of knowledge and approval – The testator must be aware of and understand the content of the Will they sign.
- Undue influence – Influence on the testator to the extent that they were not acting of their own free will or afraid of acting on the contrary.
Less commonly, a Will may be contested on the grounds of:
- Fraud – A scenario in which the Will has been forged or a signature has been forged.
- Fraudulent Calumny – When a person has made false misrepresentations to a testator which “poisons their mind” against another so that they are excluded from the Will.
- Revocation – This applies where the testator has destroyed the Will (as no longer to apply) or where the Will has been revoked by operation of law, either by a later Will being made by the testator, or by the testator’s marriage, after the Will was made.
A word on forged Wills
Forgery is one of the most serious grounds on which a Will might be contested.
A forged Will might be one which knowingly not been created according to the legal procedure, or an earlier Will which is put forward after the latest version has been hidden or destroyed.
In rarer cases, it might even have been forged completely to reflect something vastly different than the deceased’s wishes.
Forged Wills can be hard to spot, but may be indicated by out-of-character terms, an obviously different signature or being found unexpectedly by someone who stands to benefit.
If you think someone has forged a Will, it’s important to speak to a solicitor as soon as possible.
How to contest a Will
If you believe that a loved one’s Will is not an accurate reflection of their wishes, you may wish to challenge the Will.
Any person with a ‘vested interest’ may dispute a Will by submitting a claim to the Probate Registry.
It’s recommended that you do this through a solicitor as we can assess your position and identify the most suitable grounds for your appeal.
We can also advise on gathering evidence to support your claim and challenging presumptions usually made by other parties, such as whether the testator had capacity to make their Will.
There is no statutory time limit for challenging the validity of a testator’s Will, however, it is important to act swiftly to avoid the estate being administered and assets being disposed of.
To minimise the likelihood of a contested Will, seek professional advice and avoid using an unqualified Will-writing service where possible.
We can help you ensure that you have all the necessary evidence to support your Will or that of a loved one – and identify where an existing Will may be invalid.
If you:
(i) believe that a relative’s Will may be invalid under one (or more) of the above grounds; or
(ii) are informed that someone is looking to challenge the validity of a Will where you are an Executor or a beneficiary
Please click here to speak to one of our experts or complete the form below.
