There are a number of grounds on which you might be able to challenge the validity of a will after someone has died. These are:
- Lack of testamentary capacity (the testator did not have capacity to make a will)
- Want of knowledge and approval (the testator did not know what they were signing)
- Undue influence (the testator was unduly pressured or coerced into making the will)
- Lack of due execution (the will was not signed properly)
- Fraud or forgery
Each case will be unique and you should seek advice at an early stage to discuss whether it is in your best interests to pursue, or defend, a claim.
If a will is found to be invalid, the deceased’s estate will be administered in accordance with their earlier will, or if there are no previous wills which are valid, the Rules of Intestacy. It is therefore very important to have a full picture of the implications of pursuing a will challenge so that you can make an informed decision.
If you want to pursue a claim, we can assist you with carrying out initial investigations into the background and preparation of the disputed will, to include obtaining any available documentation from the solicitor who prepared the will and copies of the deceased’s medical notes. We can also advise you of the best way to prevent any steps from being taken to administer the estate pending the outcome of your investigations, and if appropriate, your claim.
We can also offer advice if you are a beneficiary defending a will challenge or an executor of an estate faced with a potential dispute as to the validity of the will in which you are named.
