Grounds for disputing a Will
We understand that every situation is different, and that Will disputes can happen for many reasons. It is therefore important to know on what grounds it is possible to contest a Will.
Some of the main reasons for contesting a Will are as follows:
• The person signing the Will did not know or understand what they were signing
• The person signing the Will was persuaded or pressured to sign it
• The person signing the Will did not have proper mental capacity
• The Will was not signed and witnessed properly
• The person making the Will promised you something but it was not in the Will
It is important to highlight that only a person who has an interest in the Will is able to contest it.
Disputing A Will
Disputed Wills are becoming more commonplace in the UK. In this guide, we cover our 5 key tips to maximising your chances of a successful claim, and how we work with our clients to achieve the best possible outcome.
If you have suffered loss because a Will was not written properly or you believe the estate of a deceased person has not been administered properly then you may have a claim. We can advise on all probate work and validity disputes. Our legal team are experts at writing Wills, and experts at deciphering them.
- A beneficiary under the Will.
- Someone who is owed money by the deceased.
- Someone who was promised something by the deceased.
The Inheritance (Provision for Family and Dependents) Act 1975 also sets out who can make a claim for provision to be made for them. For example, if you were part of the family or were being looked after by the deceased, then you may be entitled to contest a Will.
To make a claim under this Act, you must fit into one of the following categories:
- A spouse of the person who has passed away.
- A former spouse of the person who has passed away, ONLY if you have not remarried.
- A partner who lived with the deceased for at least 2 years immediately before the death.
- A child of the person who has passed away.
- A person who was treated as a child of the family by the person who passed away.
- Someone who was supported financially (partly or totally) by the person who has died.
Alex works in professional negligence, contentious probate, and court of protection litigation. He also has a particular specialism in negligence claims in the financial services sector, including cases against financial advisers and pension providers relating to negligent mis-selling and mismanagement of both pensions and investments.Read More About Alex
Alex was extremely helpful and professional and took a huge amount of stress away by dealing with my case very quickly and efficiently. I was given constant updates and was informed of any developments. I can’t recommend Alex and his team enough.