Contesting a Will
If you have concerns about the circumstances surrounding the preparation of the Will and the validity of the Will document itself
If you have concerns about the circumstances surrounding the preparation of the Will and the validity of the Will document itself
Contesting a Will - What should you consider?
When a loved one passes away things are never easy, but if you have concerns over the terms of their Will or the circumstances in which it was prepared this can make things even harder.
You may feel that the terms of the Will do not ring true to the intentions of the deceased or that they may have been pressure applied to them at the time of preparing the Will. Or you may simply feel that the terms of the Will are unfair.
On what grounds can I contest a Will?
There are a number of grounds on which a Will can be contested, or challenged, these include:
The validity of a Will. You can challenge a Will if it wasn’t drafted correctly.
If the deceased did not have the mental capacity to make a Will
Fraud / forgery has occurred in relation to the Will
The deceased was unduly influenced when they made the Will
If you’re considering contesting a Will, contact our Will Solicitors here at Goughs that specialise in contesting Wills. Through our specialist Will Services, we can review your eligibility and guide you through the appropriate steps.
Contesting a Will can be a distressing and complicated process and requires the experts who is fully aware of the grounds for contesting a Will. Our lawyer who specialise in contesting Wills can advise on the grounds for challenging a Will.
Popular questions
about contesting a Will
If you’re thinking about disputing a Will, it’s important to seek legal advice from our Will solicitors as soon as possible.
The time limits for making certain types of claim can be quite short, for example to make a claim under the Inheritance Act, you have six months from the date of the Grant of Probate.
If you are contesting the Will the same time limit does not apply, however, we recommend proceeding as soon as possible to avoid any issues.
Each Will dispute is different and how long it takes and what it costs will depend on the your case.
If you’re considering contesting a Will, your first point of contact should be solicitors specialising in contesting wills who can check your eligibility and guide you through the appropriate steps.
Anyone who has a beneficial interest, or potential beneficial interest in the deceased’s estate, can contest the Will, if there are grounds for them to do so.
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