Disputed wills and probate is a complex area of law, and we understand how difficult this time can be. Our specialist team have extensive experience in handling such matters, and will handle your case with the upmost sensitivity and compassion.
So whether you have been unfairly left out of a will or have concerns about the validity of the will of someone close to you, get in touch with the team today
Also known as contentious probate, this is the act of challenging a will or making a claim against the estate. With people living longer and an increasing number of second and third marriages, disputes around wills are becoming far more common.
There is a time limit on when you can contest a will, and it can be a lengthy process – so getting the right legal support as soon as possible is highly advised. You can find out more about disputing a will by downloading our guide or contacting us today.
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Generally speaking, you have the right to challenge a will if you are:
It should be noted that each case is different and seeking legal advice as soon as possible is highly recommended. Contact us today to find out if you are able to contest a will.
There are five main ways a will can be challenged:
1. Inheritance Act claims – where inadequate (or no) provision has been made for immediate family or dependents of the deceased
2. Lack of capacity – when it is believed the deceased did not have the mental capacity to fully comprehend what they were doing when they wrote the will
3. Undue influence – where the deceased was coerced into writing the will the way it is
4. Fraud – including destroyed wills, forged signatures, false representation and the will being signed without the presence of two witnesses
5. Promissory estoppel – this is when a promise was made and relied upon to your cost or detriment, this promise was then not kept, often not being included in the will. For example: ‘if you work in the business, I will leave it to you’ but then no such provision made in the final will.