Contested Wills and Probate disputes

Disputing the Will of a loved on is never an easy decision. There are a number of reasons this can happen: 

  • you believe that the Will was not executed correctly
  • the deceased lack the capacity to make the Will
  • the deceased  lacked knowledge and approval or were unduly influenced
  • you believe a fraud has taken place.

If you feel you have been unfairly left out of a Will, but you are a dependant and believe you have not been sufficiently provided for, you can make a claim under the Inheritance Act. This must be done within 6 months of any Grant of Probate.

Contesting a Will

If you can answer yes to any of the following questions you may have a claim.

  • Do you believe the person making the Will did not have sound mind, memory or understanding of what they were doing? This is often difficult to prove and usually requires medical evidence. However, the court will also consider evidence such as the deceased’s relationship with friends and family before they died. Any previous Wills will also be considered.
  • Do you believe somebody has persuaded/compelled the deceased to make or change a Will? A person must make a Will voluntarily and any disputes MUST be proved.
  • Do you believe the Will is defective in some way? Is it signed and witnessed properly? Is it a home made Will? Was it done on the internet using a template? The Will may still be valid but one of our experts will be able to advise.
  • Do you want to dispute the administration of the Will? Are the executors not fulfilling their duties? Are there joint executors who cannot agree on how the estate is managed? Do you feel an executor is acting unfairly? Or are you an executor that needs guidance/advice to protect yourself from claims from beneficiaries?

It is always a difficult decision to make but our Contested Wills and Probate specialists will help you every step of the way.

Please call James Hodgson for advice or complete our CALLBACK form and we’ll call you.

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