Contesting An Invalid Will

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Our solicitors can help you contest an invalid Will if you don’t think it reflects your loved one’s true wishes. If you think a Will is invalid, it’s important to act quickly.

For a consultation about your case, call us on 0345 604 4895 or contact us online.

When Is A Will Invalid?

A Will might be considered invalid if:

  • The Will has been forged
  • The deceased lacked mental capacity when writing their Will (also known as lacking “testamentary capacity”)
  • The deceased was manipulated or pressured when writing their Will (known as “undue influence”)
  • The Will wasn’t properly signed or witnessed
  • The deceased didn’t know and approve the contents of their Will.

If a Will is found to be invalid, then the estate would be distributed according to the previous valid Will. If there wasn’t a previous Will, then the estate would be distributed as if the deceased had never made a Will (intestacy).

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How To Contest An Invalid Will

If you think a Will is invalid, it’s important to act quickly. Contact us as soon as you can and we can start investigating your claim.

Most will disputes are settled out of court, using processes such as mediation. Our lawyers are skilled negotiators who aim to resolve cases quickly. However, if your case does go to court, our experienced team will support you every step of the way.

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How Long Do You Have To Contest An Invalid Will?

There is no time limit for challenging the validity of a Will.

However, if you delay and the estate is administered in the meantime, you may lose out entirely. In all cases it’s best to get legal advice as early as possible.

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How Much Does It Cost?

We’ll work with you to agree a payment option that suits your circumstances.

There are several ways you could pay for your case, including:

  • No win no fee
  • Legal Expenses Insurance (which you may already have as part of a home insurance policy)
  • Payment on conclusion
  • On a monthly basis.

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Why Choose Us?

We understand how sensitive and emotionally charged it can be to challenge the validity of a Will. Our lawyers will always aim to make things as stress-free as possible. You can visit us at one of our offices around the UK or we can handle everything by phone and email if you’d prefer.

We’ll work hard to get you the inheritance your loved one would have wanted. As part of one of the UK’s top-rated Private Client teams, we’re highly experienced with complex investment structures, international assets, and valuable property portfolios. Whatever the nature of your dispute, we’re ready to help.

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Contact Us

Call us today on 0345 604 4895 or contact us online.

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Contesting An Invalid Will - More Information

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Frequently Asked Questions

What Is Testamentary Capacity?

Testamentary capacity is the legal term used to describe a person’s mental capacity or ability to make or alter a testamentary document, such as a Will.

In general terms, someone must be ‘of sound mind’ to make or alter a Will. The legal test for someone having testamentary capacity is if they:

  1. Understand that they are making a Will
  2. Understand that the Will disposes of their assets after their death
  3. Understand what assets are disposed of by the Will
  4. Understand which beneficiaries may have a claim on their estate
  5. Aren’t suffering from mental illness which affects their ability to decide the fate of their estate.

If it is proved that someone did not have testamentary capacity when they made a Will, the Will is invalid.

A solicitor or Will writer should only accept instructions from clients that they believe to have testamentary capacity. As such, if they have concerns about this, it’s often prudent practice to request medical evidence before accepting instructions, or to ask a medical professional to act as a witness. That medical professional should be aware of and understand the legal test for testamentary capacity.

If you're concerned that someone did not have testamentary capacity when they made their Will, we can help. Call today on 0345 604 4895 or fill out our online contact form and we’ll call you back.
 

How Do You Prove That A Will Has Been Forged?

We'll enlist experts to analyse the Will and assess whether it has been forged. A handwriting expert, for example, can help determine whether a signature or even an entire handwritten Will has been forged.

We’ll then use this evidence to support your claim.

Fraud prevention is one reason Wills must be signed (or the signature acknowledged) in front of two witnesses who cannot also be beneficiaries of the Will. 

If you are worried a Will has been forged, we can help. Call today on 0345 604 4895 or fill out our online contact form and we’ll call you back.

What Can I Do If I Think There’s A Mistake With The Will?

You may be able to claim if mistakes made by the Will writer mean you’ve received less than you were expecting from an estate or nothing at all. This can happen when a Will isn’t drafted in accordance with the deceased’s instructions or isn’t executed properly, or in some cases not executed at all.

For example, you could claim if: 

  • Unnecessary delays meant that the deceased didn’t sign the Will before their death, despite having given clear instructions to the Will writer
  • The witnesses did not actually witness the deceased sign the Will or acknowledge his/her signature in their presence
  • The Will doesn’t reflect the deceased’s intentions and instructions

If you’re disappointed with what you’ve been left in someone’s Will, our solicitors can investigate whether or not you’ll be able to make a claim. Call us on 0345 604 4895 or contact us online to find out more. 

Related Information - Contesting An Invalid Will


Contesting A Will – What to do if you're left out of a Will or you believe the Will of a loved one isn't correct
Testamentary Capacity – We can help contest someone’s Will if they didn't have the mental capacity when they made or changed it
Undue Influence – Our lawyers can help if you think a loved one's Will has changed because they we forced or manipulated to change it
Forged Wills – We can help you defend an estate against forged Wills and other forms of probate fraud

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