Challenging & Defending Will Validity
People who have sufficient interest in a deceased person’s estate may sometimes bring a claim to challenge the Validity of a Will.
Our Dispute Resolution Solicitors could help you make a robust challenge to a Will you believe to be inadequate, while we can also assist if you are a beneficiary wishing to defend the Will against such claims.
When is a Will Invalid?
Wills can be challenged for a variety of legal reasons. Some of the most common examples have been outlined below:
- Lack of Capacity – A person may only validly execute their Will if they have sufficient mental capacity to do so.
- Undue Influence – If someone has changed their Will because they have been pressured or coerced so as to impair their own discretion and judgment, this could be regarded as undue influence.
- Fraud – A Will may be considered a fraud if a person has made decisions or alterations based on false representations made to them.
- Improper Execution – A Will cannot be valid unless it is in writing and signed in a particular manner. This is a key reason why you should have a Wills solicitor involved in the process.
- Revocation – A Will can be revoked for a number of reasons, for instance if a later version is discovered or the person enters into a marriage or civil partnership.
Contact Our Dispute Resolution Team
The Dispute Resolution Solicitors at Jackson Lees have significant expertise in bringing and defending these claims, and have a strong track record of success in this area. We also act in Disputes involving the Executors or Administrators of the Estate.
Call us today to discuss the circumstances of your case and find out the best way to proceed.