Will disputes

Sadly, there are occasions when it’s necessary to challenge the validity of a will and in those circumstances we’re here to advise you on any grounds you may have, the appropriate procedure to follow and your prospects of success. This is an area which requires sensitivity to all parties involved and we’ll give you realistic advice and do our best to ensure the matter is resolved as quickly and amicably as possible.

Challenging the validity of a will

There are a number of grounds upon which you may challenge a will such as:

  • A will is invalid or fraudulent.
  • As a dependent of the deceased you did not receive reasonable financial provision.
  • The deceased did not have mental capacity or was unduly influenced when the will was signed.
  • The will has been revoked, for instance as a result of a subsequent marriage.
  • There is a more recent will.
  • The executors have acted improperly.

Reaching an agreement, court proceedings and costs

It is very important that you act quickly as there is a 6 month time limit (from the date of the grant of probate) on disputing a will. What steps you take next will depend on your circumstances but we will initially advise you about whether it’s appropriate to try and preserve the assets by preventing the estate being distributed.  Where appropriate we’ll always try and negotiate an agreement on your behalf with the executors and / or beneficiaries through negotiation or mediation and going to the court will be an act of last resort. Costs in these type of proceedings can be very significant, so we’ll keep you fully informed at all times of any costs implications.

Early, discrete advice can make all the difference

If you are concerned about a will call us today to see how we can help you