Services

07. Contesting a Will

Contesting a Will Newcastle upon tyne

Contested Wills and Inheritance Act Claims

Our specialist team are experts in assisting you with Inheritance Act and contested Will claims.

 

A Will can be contested based on various grounds and can include the following;

  • Lack of valid execution

  • Undue Influence

  • Testamentary Capacity

  • Lack of Knowledge and Approval

  • Forged or Fraudulent Wills

 
Where the Will has not been executed properly;

  • Any individual making a Will must be over 18 years of age and of sound mind, this is known as testamentary capacity.

  • Any individual making a Will must do so voluntary, know what the Will says and without “undue influence”.

  • The Will must be signed by the person making the Will in the presence of two witnesses and then be signed by the two witnesses, in the presence of the person making the Will, after s/he has signed.

 
Where someone has interfered with the making of the Will and involves undue influence;

Often, at a difficult time, when emotions are running high you may suspect that a Will has been drafted due to the manipulative behaviour of another. This may rise to a claim.

In other circumstances, it may be found that a Will has been changed to include a new beneficiary for example, or indeed to exclude someone or the size of their share of the estate.

Whilst it can be difficult to prove that the deceased’s decision-making process in drafting the Sill was influenced in some way by another person the Will could be proven to be invalid on the grounds of undue influence.

The Will is considered to be a forgery or is fraudulent;

 

The Will may have been drafted by someone other than the testator and forged the signature of the testator either before or after their death often to ensure that the estate is left to themselves without the deceased knowing.

Reasonable financial provision

You may have grounds to make a claim if you depended financially upon the person who has died but there has not been any provision made for you in the Will.

Under the Inheritance (Provision for Family and Dependants) Act 1975, the grounds on which you are entitled to make a claim include;

 

Normally, spouses or civil partners, cohabitants of two or more years, children, and people who can show they were being supported financially by the person.


If you would like further advice regarding the above or would like to seek legal advice in contesting a Will, don't hesitate to book an appointment to see one of our friendly legal advisors.

For free initial advice please contact us on 0191 3130123 or contact us for a free call back.

Plain English no Legal jargon advice

Request an Appointment

Have a few questions? Not to worry, contact us to request a free hour advisory appointment today for one of our specialist advisors and they will be happy to answer any questions you have.

Prefer a call back? Please leave your name, number, and time in our contact box and one of our legal advisors will be happy to give you a call back to arrange an appointment.

Newcastle Office:

Collingwood Building,

38 Collingwood Street,

Newcastle Upon Tyne

NE1 1JF

Tel: 0191 3130123

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