Contesting a Will

A family death is often a traumatic time and can be made all the more complicated by the disclosure of the contents of a Will. Certain family members may feel that they have been unjustly deprived of their inheritance.

Current law allows certain relatives to claim their "Legal Rights" (a defined share) in the estate.

When you should seek advice:

• In families where a direct family member is estranged, it is important that they are traced and informed of their possible inheritance. Even if they have been “disinherited” in the Will, they are still potentially entitled to a share of the estate.
   
• Illegitimate children also have a potential claim on the estate as do estranged wives and civil partners.
   
• If it is thought that the deceased was coerced or forced into making the Will and the result is to the detriment of a close family member, there can be potentially strong grounds to contest the Will.
   
• To be valid, a Will has to be executed properly, in terms of being witnessed and signed in accordance with legal requirements. If not, then a Will could be deemed as invalid and could be challenged.

• Where there is doubt as to the authenticity of the Will (i.e. has it been forged or added to by somebody else?).
   

Please contact us if you think any of the above circumstances may be applicable to your situation or if you have any other queries which you think that we could assist with.