Grounds for disputing the validity of a will include the following:
– The will does not comply with the formal requirements for making a will- in simple terms, it is not made by a person over 18 and signed by them in the presence of two independent witnesses
– The person making the will did not have the relevant mental capacity to do so
– The person making the will, despite having mental capacity, still did not know and approve the contents of his will
– The person making the will was coerced into making it
– The will had been revoked (for example, by a later will or by marriage)
It is also possible to dispute the terms of a will under the Inheritance (Provision for Family and Dependants) Act 1975. Spouses and civil partners, cohabitants, children and dependants can make a claim under this Act if they were not “reasonably provided for”. It is also possible to make a claim under this Act if the deceased did not leave a will and as a result of this you were not reasonably provided for. Claims must usually be brought within 6 months of a grant of probate being issued.
Kay Baker is a Member of the Association of Contentious Trust and Probate Specialists, (ACTAPS) and specialises in this area of law. ACTAPS lay out a code of conduct that members adhere to aimed at quickly and cost-effectively resolving disputes for their clients.
In some cases, our solicitors are able to offer funding arrangements such as no-win no-fee.
If you want to find out if you have grounds for contesting a will, contact one of our expert solicitors on this topic to make an appointment.
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