Disputing a will

283 Years Experience | Expert Probate Solictors

When someone we know and love passes away there can be a lot of legal  issues that need to be dealt with, especially if you have lost a blood relative or close family member and the responsibility for that person’s affairs falls to you.

Dealing with loss and grief is an emotionally fraught time for anyone and it can be even worse if we are left with legal issues that we don’t fully understand or had not foreseen.

It is imperative we make a Will when we own property or a sum of money that will need to be managed after our death.

Sadly, even for  those who do prepare and leave a Will, problems can still occur if a loved one or relative feels as though the Will does not leave them with assets they strongly believe they are entitled to or were even promised by the deceased.

Most commonplace reasons for disputing a Will

  • The Will does not correctly express the instructions given by the deceased or was drafted incorrectly.
  • A belief that the Will was created and signed under duress or pressure from another person.
  • A belief that the Will was signed by someone of unsound mind; for example if the deceased was suffering from a form of dementia or an illness such as Alzheimer’s.
  • The Will is not legal – this is a problem more relatives are facing as more and more people are using a Will template that they have sourced from the internet without checking the legal validity of the document or without ensuring that the important formalities for signature of the Will are followed.

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Other reasons for disputing a Will

The list above is not exhaustive.  If there is any reason for contesting a Will, you need expert guidance and advice if you feel you have a legal case. Other issues can arise, such as a situation in which there are dependents of the deceased who have not been bequeathed any assets, leaving them without sufficient or indeed any provision from the Estate.

It may be that you think a Will has been drawn up incorrectly by the deceased’s solicitor.  These cases are often complex and highly technical and strict time limits apply.  You should take legal advice at an early stage.

Keoghs, Nicholls Lindsell & Harris offer expert advice for anyone who feels as though they are in need of guidance regarding the contesting of a Will.

With over 280 years in the legal business offering help and advice for Wills, inheritance and estate issues, we provide a free initial consultation which we approach with a sensitive, understanding and sympathetic attitude.

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