Disputed Wills
Disputed Wills
Under the law of England and Wales, everyone is free to make a Will and leave their estate to whoever they choose upon their death. The law also imposes important safeguards to ensure that only valid Wills are carried into effect.
In recent years the Courts have been asked to rule on an ever-increasing number of challenges to the validity of Wills, and the law has continued to evolve and develop. Our team of experts are fully across these updates and use this knowledge to best advise and represent our clients.
The grounds for contesting the validity of a Will include:-
- Failure to follow the strict requirements of the Wills Act 1837. For example, the need to adhere to the correct method of execution
- The person making the Will (i.e. the testator) lacking mental capacity, known as testamentary capacity. The test was set down in the case of Banks v Goodfellow (1870) and developed by subsequent Court decisions
- The testator having been subjected to undue influence when making their Will
- The testator not knowing and approving the contents of their Will at the time of execution
- Forgery
Our Will, Trust & Inheritance Disputes team can assist any interest party (challenger, executor or beneficiary of the disputed Will) by conducting an investigation and, when necessary, by pursuing applications in the Probate Registry or High Court to determine the issue.
Initial steps may include:-
- Entering a caveat at the Probate Registry to stop a Grant of Probate and the estate administration pending resolution of the issue
- Contacting the solicitor who drafted the Will for information and documents under the Larke v Nugus procedure
- Obtaining and analysing GP, hospital and social care records of the deceased
- Interviewing the witnesses to the Will to establish the circumstances of the execution of the Will
- Engaging with other interested parties to understand their positions
These steps and the information they reveal may bring peace of mind or lead only to greater concerns, and our team will be ready to respond accordingly.
If you have any questions, or if you wish to make an enquiry online please click the 'contact us' button, or alternatively you can call us on 0114 266 6660.
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