The prospect of raising legal action to contest what someone has written in their Will can be a very daunting one. You will likely be concerned with what others think of you, and how they may react to the news that the last wishes of someone that was dear to you all, are being challenged. This is entirely understandable, and most people would feel the same way. There are very strict rules about the circumstances where the terms of someone's will can be contested, and it is important to understand what these are before taking any concrete steps to do so.
Szabo & Associates, Solicitors are a leading team of lawyers providing specialist advice across the private client sphere, and have a wealth of experience of advising clients on challenging the terms of a Will. We are the trusted advisor to our clients, helping to provide clear advice and guidance on what can be a very emotive and difficult subject to deal with.
Is it possible to challenge a Will?
The short answer to this question is, yes. The reality is that people, known in law as ‘the testator’, are free to draft their Wills in whatever way they prefer provided that they observe certain standards for it to be a valid document. It is on the basis that there is something fundamentally wrong with the Will that the law allows for a challenge to its terms being made. Specifically, a Will can be contested for the following reasons:
- If there is any concern that someone has exerted pressure on the testator to draft their Will in a particular way so that they benefit from its terms, then there could be a basis to challenge the terms of the Will on the bases of undue influence.
- If there is a genuine belief that what has been signed by the testator is so far removed to what they would have intended for their affairs, it is possible to consider contesting it for suspected fraud.
- Only a testator can validate the terms of their Will – this is done by their signing it. If anyone else signs on the testator behalf, that could be a case of forgery, and will be vulnerable to challenge.
- A testator needs have been able to understand what the consequences of the terms of their Will are. While there are special rules for certain mental illnesses, evidence of a lacking in mental capacity will invalidate the terms of a Will.
A slightly less common route to challenge a will is not based on a concern for its validity, but on its terms. This is the situation whereby someone feels that they have not been given their due inheritance and there being a feeling of a lack of provision being made for them.
Is there anyone who can help?
The law does not entitle everyone to challenge a Will, with only certain key people are allowed to do so. This, and the fact that the rules for how a challenge can be made are very complicated, demanding the attention of a specialist lawyer that can steer clients through the process.
Szabo & Associates, Solicitors have a leading private client team who are experts on the law on wills. We understand that our clients need advice that takes full account of their circumstances and helps them to realise their goal. If you need to talk about challenging a loved ones Will, contact us today.