Contesting a Will

Contesting a Will Due to Lack of Testamentary Capacity

Testamentary capacity refers to an individual’s legal and mental ability to make and alter a valid Will. If someone makes a Will without sufficient testamentary capacity, it will be considered invalid. Their estate will be instead administered according to their most recent valid Will or the rules of intestacy where there is no Will.

Someone may lack testamentary capacity if they are affected by conditions such as memory loss, Alzheimer’s disease, dementia, mental illness or a brain injury.

Our contentious probate solicitors can support you with cases involving a lack of testamentary capacity, putting forward a case to contest or defend a Will depending on your circumstances and what you are looking to achieve.

Find out more about contesting a Will due to lack of testamentary capacity.

Contesting a Will Due to Lack of Due Execution

A lack of due execution may have occurred where it is believed that the various legal formalities for making a Will were not followed. For example, Wills must be in writing and signed by the testator in the presence of two or more witnesses.

A Will is considered invalid if any of the required procedures were not followed when it was made or amended by the testator. This means that a claim could be put forward to challenge its terms if it can be shown that there was a lack of due execution.

We can advise anyone making or defending a claim for lack of due execution to take all the necessary steps to establish the facts of the matter and what processes were followed when the Will was created.

Find out more about contesting a Will due to lack of due execution.

Contesting a Will Due to Lack of Knowledge or Approval

It is a requirement for anyone making a Will to understand and approve of its contents. If it can be shown that someone did not understand or comprehend what was in the Will or approve of its contents, it is likely to be considered invalid.

Where the issue of lack of knowledge or approval is concerned, our team of contentious probate solicitors can work to establish the circumstances surrounding the execution of the Will. We can clarify the facts of the matter and determine whether the testator was truly aware of the implications of signing the document.

Find out more about contesting a Will due to a lack of knowledge or approval.

Contesting a Will Due to Undue Influence or Duress

Undue influence or duress describes someone coercing or pressuring a person to make a Will or amend an existing one to benefit them. If there is evidence of undue influence, this would render a Will invalid.

It may be the case that the deceased changed their Will significantly or that the changes were in opposition to what they had previously requested. It could also be the case that someone who had not been included in a Will became a sudden beneficiary.

We can help establish whether the testator was improperly influenced in making their Will, ensuring their true wishes are fulfilled.

Find out more about contesting a Will due to undue influence or duress.

Contesting a Will Due to Fraud or Forgery

As can be expected, if it can be shown that a Will has been forged or that fraud has taken place, it will be deemed invalid. A Will could be forged if the signature is not genuine or its terms have been altered by anyone other than the testator.

Fraud may have taken place if the most recent valid Will has been destroyed or hidden or if witness signatures were added at a later date.

Claims relating to fraud or forgery can be highly upsetting for all involved, given how serious these allegations are. Our team can advise you on possibly bringing forward a claim on these grounds and defend your rights if you are a beneficiary accused of fraud or forgery.

Find out more about contesting a Will due to fraud or forgery.

Will Rectification and Construction

Suppose a Will fails to carry out the testator’s intentions due to a clerical error or a failure by the person preparing the Will to understand its instructions. In that case, it may be possible to have the Will corrected.

Will construction may be needed if the wording of the Will is ambiguous. A court can interpret or ‘construe’ the Will to determine the testator’s intentions. Will rectification refers to having the Will corrected by a court, either following construction or if straightforward clerical errors need to be fixed.

In these situations, we can investigate the circumstances that led to the error and present a robust case for why the Will should be interpreted or rectified. We will consider the terms of the Will against the demonstrable intentions of the person who drafted it to ensure their wishes are carried out.

Find out more about Will rectification and construction.