No matter how well intended or organised the deceased may have been in the making of a will it can still be challenged when they die. If the deceased has made a ‘home made will’, the prospects of a challenge being raised are often high. If a will is professionally made by a solicitor it may be much harder.
There are limited reasons available to make a challenge. If you simply do not like the fact that the deceased has left their estate to the cat and dogs home this will not be enough. There have to be reasons that are connected with the way in which the will has been prepared and sworn that have been missed or incorrectly dealt with. This often happens with home made wills.
In other cases there has to be evidence to show that the deceased was unduly influenced in to the making of the will, or perhaps that they lacked capacity to do so. In other cases, duress, fraud or forgery might arise as well as a simple failure to ensure that the deceased knew what the terms of the will contained and agreed them.
We can assist you in determining whether the deceased made a valid will and we can help you investigate all avenues available. For example, you may be concerned about the fact that you expected to be included in a will but then find out that this may not have been the case. Or that you are concerned that an elderly relative may have been persuaded to alter their will when they were poorly.
In such cases we can help with:
- Obtaining a copy of the will;
- Preventing the administration of the estate;
- Obtaining information from any solicitor who was instructed in the making of the will regarding the deceased instructions or assist you in reply to such request;
- In respect of health related issues obtaining the deceased’s medical records.
We will guide you through each step and advise you on the information that is obtained. If you are either facing a claim as an executor or considering a claim against an estate we will provide you with the advice that you need to ensure you follow the court procedure to either initiate or defend any claim.
We are committed to assisting in the resolution of disputes without court action being required. We consider this to be an important process and will discuss with you all aspects of alternative dispute resolution.
For more information and advice about will disputes, please get in touch with a member of our team.