Challenging A Will
Challenging a will is a legal process that allows individuals to dispute the validity or fairness of a will.
What you Need to Know
Challenging a will is a sensitive yet important legal process for individuals who believe a will is invalid or unfair. At Tann Law, we understand the emotional and financial implications of will disputes, and we’re here to support you with clear and understanding legal guidance.
Whether you suspect undue influence, believe you’ve been unfairly excluded, or have concerns about the will’s validity, our experienced team can help you explore your options.
Grounds for Challenging a Will
There are several reasons why someone may consider challenging a will:
Lack of Capacity: If you believe the person who made the will (the testator) did not have the mental capacity to understand the implications of their decisions when creating the will, you may have grounds to challenge it. This could include cases of dementia, cognitive impairment, or being unduly influenced by others.
Undue Influence: If you suspect that the testator was coerced, manipulated, or unduly influenced by another person when creating the will, you can challenge its validity.
Forgery or Fraud: If there is evidence that the will was forged, altered, or signed fraudulently, it can be contested.
Failure to Provide for Dependents: If you were financially dependent on the deceased and the will fails to make adequate provision for you, you may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Discrepancies or Ambiguities: If the will contains inconsistencies, ambiguities, or errors that raise doubts about the testator’s intentions, it may be subject to challenge.
The Process of Challenging a Will
Challenging a will is a legal process that typically follows these steps:
- Consultation: Contact a solicitor experienced in contentious probate matters, like Tann Law Solicitors, to discuss your concerns and determine if you have valid grounds to challenge the will.
- Pre-Action Protocol: Your solicitor will engage in the pre-action protocol process, which involves attempting to resolve the dispute without going to court. This may include negotiations with the other parties involved.
- Issue Court Proceedings: If a resolution cannot be reached through negotiation, your solicitor may initiate court proceedings on your behalf. The court will examine the evidence and make a determination.
- Court Decision: The court will assess the validity of the will and whether your grounds for challenging it are substantiated. If the court finds in your favour, it may declare the will invalid or order modifications.
- Costs: The court may also decide on costs, meaning it can determine who is responsible for legal fees associated with the challenge.
Why Choose Tann Law for Challenging Wills?
We bring a wealth of experience in handling contentious probate and will dispute cases.
When you choose us to assist with challenging a will, you will benefit from:
- Our solicitors specialise in contentious probate matters, with a proven track record of successfully challenging wills on various grounds.
- We understand the emotional and sensitive nature of will challenges, offering compassionate support throughout the entire process.
- We provide clear legal guidance and explanations at every stage, ensuring that you fully comprehend your options and rights.
You can trust us to handle your will challenge with expertise, compassion and clear guidance.
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