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Contesting A Will

Published: 31 January 2019

Contested Wills have become a hot topic in recent years, with perhaps the most high-profile case having gone all the way to the Supreme Court.

There are a number of reasons why a Will might be challenged, including:

  • Mental Capacity – where it is alleged that the person who made the Will (the Testator) was of unsound mind.
  • Formal Validity – where the Will took a form that did not meet the legal requirements, or where it was not signed or witnessed correctly.
  • Knowledge and Approval - where the Testator did not know and approve the contents of the Will that they signed.
  • Undue Influence - where the Testator was coerced in to making a Will against their wishes.
  • Estoppel – where the Testator left assets in their Will that they had already made a binding promise to give to somebody else.
  • Fraud/forgery - where the Will is forged or is made as a result of deliberate criminality.
  • Inheritance (Provision for Family & Dependents) Act 1975 - where the Testator has not made adequate financial provision for those closest to them.

At Alexander & Co Solicitors our contentious probate team can help you contest a Will or help you defend a dispute concerning a Will or estate. For more information about disputes regarding Wills, please click here.

Our Wills & Probate Department can also help make your Will as watertight as possible in order to avoid your Will being successfully challenged. For more information about making a Will please click here.