Will disputes

There are circumstances when you may wish to contest a will or need help in understanding where you stand in respect of a Will. This can be a difficult time, made worse if disputes emerge or you feel that you have been treated unfairly.  We can advise you in respect of the practical implications of taking any steps and how to go about it.

Grounds on which you may challenge a Will

When disputing a Will, the Court will assume that it is valid until proven otherwise so the burden of proof is on you, the person bringing the claim. There are a number of grounds on which you may challenge a Will:

  • The Will is invalid or fraudulent.
  • As a dependant or family of the deceased you did not receive “reasonable” financial provision in the Will.
  • The deceased did not have sufficient 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  • The Will has been revoked, for instance as a result of a subsequent marriage.
  • A newer Will exists.
  • The executors are acting or have acted improperly.
Early advice is essential

You may need to take immediate steps to preserve the assets although the most appropriate legal action will depend on your particular circumstances. Any action disputing a will must normally be brought within 6 months from the date of the grant of probate so it’s sensible to lodge your dispute immediately. 

Ensuring the best possible outcome

We can assist you to try and negotiate a settlement with the executors and / or beneficiaries but failing that and in conjunction with our specialist litigation team, we can advise you on the strength of your case and the likely costs involved.

Early advice and assistance is essential when challenging a Will

Call us today to make an appointment