When can a Will be contested?
We can advise you on contesting a Will after the Testator (the person making the Will) has died.
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 negligence advice or the Testator simply not understanding the effect of the Will.
How can we help?
Our team are experienced in dealing with 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. They will advise on whether there is sufficient evidence to support such a claim.
You may wish to enter a Caveat at the Probate Registry to prevent a Grant of Probate being obtained by the Personal Representatives. We would recommend seeking legal advice on the implications of this before doing so. Our team can advise you on when it is appropriate to enter a Caveat.
Our team can also assist you in defending a Will challenge if you are a Beneficiary or Executor of a contested Will.
