When can a Will be contested?
The contesting of a Will takes place once a Testator (the person making the Will) has died. When someone is deceased their Will can be challenged by another individual for a number of valid reasons.
Who can contest a Will?
Technically any one can challenge a Will, you do not have to be a family member.
On what grounds can you contest a Will?
The four main grounds upon which a Will can be contested are:
- An individual may have been cut out of the Will unreasonably. They may for instance suspect this is due to the undue influence of a third party over the Testator;
- The Testator may not have had the necessary mental capacity to make the Will at the time;
- The Will may be invalid for technical reasons; or
- A claim may be based on ‘want of knowledge or approval’ due to negligent advice or the Testator simply not understanding the effect of the Will.
How can we help?
Our team are experienced in dealing with Will claims under all of the above grounds. They are able to look at the circumstances surrounding the preparation of the Will and make the necessary enquires to establish whether there are sufficient grounds to contest a Will and advise on whether there is sufficient evidence to support such a claim.