Disputed Wills Specialists
The validity of a will can be challenged on a number of grounds; if one of these can be proven a court can make an order to alter the terms of the will in question.
The most frequent grounds on which a disputed will can be challenged are:
- Lack of mental capacity – if the testator was ‘not of sound mind and understanding’ and therefore lacked the mental capacity to understand what they were doing when making the will then the legitimacy of the will could be disputed
- The existence of undue influence and/or coercion – the validity of the will can be disputed if it can be proved that the testator was unduly influenced or coerced into the creation of the will
- A failure of adherence to the statutory requirements – the Wills Act 1837 is the statute governing the requirements that all wills must adhere to. The Act stipulates the precise manner in which a will must be witnessed and signed; a failure in these formalities can leave the validity of the will open for dispute
- Fraudulent wills - The validity of a will may be disputed where the signature on the will has been forged, i.e. not signed by the testator (the person making the will)
- There is want of knowledge and approval – the will can be disputed as the testator did not understand the effect of what they were doing.
It is important to bear in mind that claims involving disputed wills are different to those of disputing inheritance. A disputed will claim challenges the validity of a will whereas a disputed inheritance claim occurs when a beneficiary or another individual claims an increased share of the deceased’s estate. As in any dispute or litigation the level of costs is of vital importance to the client. The costs involved in dealing with disputed wills and other inheritance disputes can be high even when the value of the estate is modest.
Regardless of the subject matter of the claim, we use bespoke software to provide detailed and individual budgets at the start of any will or inheritance dispute. This budget details the breakdown of the work involved and the estimated cost for each stage of the dispute process, providing certainty and ensuring that our clients are well informed.
Disputed wills specialists
We strive to resolve your will or inheritance dispute in the most cost effective manner possible. Resolving disputes by mediation or through negotiation where possible means the costs of going through the lengthy court process can be avoided and costs kept down.
To speak with a solicitor in the Dispute Resolution team please click here or call us on 0800 840 4929.
