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– The will had been revoked (for example, by a later will or by marriage)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.
Our solicitors Kay Baker and Rachel Cronin, who are Members of the Association of Contentious Trust and Probate Specialists, (ACTAPS) specialise in this area of law and adhere to a code of conduct 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.
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