Challenging a Will

In theory anyone can challenge a Will. However, it is unlikely that you will receive anything from the estate unless you were part of the most recent Will (or the most recent Will that is deemed to be valid), or you are making a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act (“the Act). For information on who can claim under the Act read our recent blog “Who can make a claim for reasonable financial provision”.

In order to successfully challenge a Will, you will need to show evidence that:

• The deceased lacked testamentary capacity (i.e. lacked the mental ability to make or alter a valid will)
• The Will had not been correctly executed
• The deceased was subject to undue influence. (pressure being applied by a third party).
• The deceased is not believed to have known or approved the contents of the Will
• The Will was forged

If you would like help or advice regarding disputing a Will contact Robert Gore now on 01606 74301.