Advice and representation throughout your claim
Losing a loved one is hard. It can be even harder when dealing with inheritance disputes. If this is the case, Giles Wilson can act on your behalf during will disputes.
It’s often asked on what grounds you can consider contesting a will. Disputing a will can be considered for several reasons, including if it is unsigned, was not witnessed properly or the deceased lacked mental capacity when it was made. We explain in greater detail some of these areas of contention below.
This could occur where a third party has put pressure on the individual who made the will, either through verbal or physical harassment. If the actions caused the person making the will to change their mind about the distribution of the estate, this could put the validity of the will into question.
Lack of capacity
In order for a will to be valid, the maker of the will must be of sound mind and have mental capacity at the time of writing it. If you believe the maker of a will lacked capacity at the time they entered into it, then it could be considered invalid.
Lack of knowledge or approval
The maker of the will must understand the effect of the will in order for it to be valid. If the maker of the will had mental capacity at the time of entering into the will then it is presumed that they had the necessary knowledge. Exceptions to this could arise in a number of situations, one being where the maker of the will is illiterate. to discuss whether an exception applies in your situation.
Fraud or dishonesty
If you are able to prove that the will was a forgery and that somebody has intentionally deceived the estate for personal gain, then this will result in the will being invalid.
We understand that suspecting a will to be invalid adds to an already emotional and distressing time. Our Wills and Probate specialists will take the time to understand your grievance, assess whether you have a case and then advise you on the appropriate course of action, keeping you up-to-date at every stage of the process.