If your loved one has passed away and you are concerned that the contents of their Will appears to be suspicious, it is possible to challenge the validity of the Will and set it aside, provided you have grounds for doing so.
There are a number of possible grounds for setting aside a Will, including the following:
- If the Deceased lacked capacity to execute a Will;
- If the Deceased did not have knowledge of, or approve the contents of the Will;
- If the Will was not executed in accordance with legal formalities;
- If the Deceased was unduly influenced or coerced into making the Will by another person;
- If the Deceased’s mind was poisoned against a natural beneficiary of the Will (‘B’) by another person (‘A’) by knowingly making false statements about BA’s character (‘Fraudulent Calumny’)
- If the Will is a forgery or was otherwise created fraudulently
It is possible to set aside a Will either before or after the issue of a Grant of Probate, however, it is advantageous to act as soon as possible to ensure, insofar as possible, that the estate is not paid out to the beneficiaries of an invalid Will and is unrecoverable. Our experts can assist you in taking steps to preserve the estate.
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