Aarti Gangaramani
Senior SolicitorIf asked, most people would say that, once they had made a Will, they would expect that their wishes would be strictly followed after they died. However, the terms of a Will are not always set in stone and there are various ways in which the terms of a Will or even the Will itself can be challenged.
make an enquiryFirst, a Will must be valid. Hopefully, anyone making a Will is either aware of the correct procedures to be followed when executing it or has instructed a lawyer to ensure that this is the case.
Importantly, this must include the Testator signing the Will whilst watched by two independent witnesses who then both sign the Will whilst watched by both the Testator and the other witness.
Otherwise, it will quite literally not be worth the paper it is written on.
However, there are other ways in which the validity of a Will can be challenged: –
These can be nuanced situations particularly where the Testator later did lose capacity such that it may be necessary to establish whether they had capacity on any particular day.
They may alternatively have been suffering from delusions which can be difficult (although not impossible) to prove but devastating for someone excluded from a Will inappropriately.
In particular, the Inheritance (Provision for Family and Dependants) Act 1975 provides that the Courts (in England and Wales) can determine whether or not sufficient provision was made in a Will for a claimant who falls within the provisions of that Act.
This includes not only spouses, civil partners and children but also others who allege that they were dependent on the Testator. The Court has wide powers under this Act essentially to change the terms of the Will to include provision (or greater provision) for such claimants if they can persuade the Court of their need for reasonable financial provision.
The Act also applies where there was no Will at all, and the rules of intestacy apply. Such cases need careful handling on both sides since, not only will a successful claim reduce all the other beneficiaries’ shares of the estate, but the costs involved will further reduce the estate and/or their shares.
Our lawyers are best able to protect your Will against future attack and regularly advise clients how to challenge Wills.
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You will receive the help of an experienced and qualified legal expert, able to offer advise on defending your Will against future attack.
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Someone who you can meet in person and who will spend the time to understand your concerns in the detail they deserve.
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You can be confident that your wishes will be safeguarded to leave the legacy you choose.
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