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Private Client

Challenging a Will

When a close loved one dies it can be an extremely difficult time.  This loss can be magnified if you then discover that you do not receive what you expected from their Will.  It may be that you get nothing at all, or perhaps a lot less than you were expecting or were promised.  In those circumstances we may be able to help you challenge the Will and seek to overturn it.

When can a Will be challenged?

There are a number of ways in which a Will can be successfully challenged.

  • It may not have been signed or witnessed properly;
  • It could be a forgery;
  • The person who made the Will may not have had the mental capacity to make it;
  • The Will may not properly reflect the deceased’s wishes or intentions;
  • The deceased may have been pressured or coerced into making a Will by a family member, friend, neighbour or carer, or even lied to about you so that you are cut out of it.

Alternatively, you may have been appointed executor, or inherited, under a Will that someone else is trying to argue is invalid for some reason and need help in defending the position. 

The importance of early advice when challenging a Will

It is important that you take early advice as this can increase your chances of success. In most instances, you may want to block the executors or administrators from obtaining a grant by entering a caveat at the Probate Registry.  It will also make any claim much harder to resolve if the estate has been distributed to the beneficiaries (of the disputed Will), so we will always look to stop distribution whilst the dispute is ongoing.

We have leading experts who have challenged and defended the validity of Wills for a very large number of people that have found themselves in your position.  We will give you clear and straight forward advice on the strength of your claim and will work with and support you in achieving the best possible outcome.