7th December 2017
If you or a family member have been left out of a Will un-expectantly, or you stand to receive considerably less than anticipated, you may be considering whether you can challenge the Will.
The short answer is yes, you can challenge a Will. However it can be quite a lengthy, complex matter and there are many legal requirements that must be met.
When someone passes away their estate is distributed as per the wishes in their Will, or if the they did not have a valid Will, then the rules of intestacy apply. This may result in what appears to be an odd distribution of the estate, but if it is in accordance with the deceased’s wishes, a disappointed beneficiary may have difficulties contesting.
So; in order to contest the Will you would need to demonstrate that the Will does not reflect the true intentions of the person who made the Will, or, prove that the Will had not been executed correctly. If the validity of the Will can be questioned, then it may be contested.
The grounds on which a Will may be declared invalid include;
These areas are rather complex and require specialist advice. If you would like further information about contesting an estate then please contact our experienced Dispute Resolution team on 01256 844888 or email firstname.lastname@example.org
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
If you are need of professional, reliable legal advice, contact us today.
Lamb Brooks LLP
39 Winchester Street
f: 01256 330 933
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