Validity of Wills Advice

If a dispute arises over the validity of a will, the expert solicitors at JMW can provide the expert advice and representation you need to ensure the matter is concluded quickly.

Speak to our wills dispute solicitors today to find out more about how we can help you. Simply call us on 0345 872 6666 or complete our online enquiry form and we will call you back.

Grounds for Contesting a Will

On the death of an individual, the administration of their estate will be dealt with in line with the wishes left in their Will (or under the rules of intestacy if there is no Will). If a Will does not include the true intentions of the person making the Will, or if the Will has not been executed correctly, it may be invalid and can therefore be contested.

It is possible to contest a Will's validity and the usual grounds for doing so are:

  • The deceased did not have the requisite capacity to make the Will
  • The deceased was not fully aware of or did not understand the content of the Will
  • The deceased was unduly influenced into making a Will against his / her volition
  • The Will is a forgery / fraud
  • The Will has not been properly executed

In circumstances when a Will is contested, it is usual for the executor to maintain a neutral approach in order to avoid personal liability in respect of legal costs, especially if the executors are found to have taken the incorrect approach to the dispute. Therefore, the administration of the estate may be significantly delayed until the parties are either able to achieve an amicable resolution or until matters are resolved by way of an order of the court.

As a general rule, if you are submitting a claim under the Inheritance Act the time limit is six months from the date of probate being granted. There is no time limit for contesting a Will on the grounds of fraud. Time limits to challenge a Will depend on the specific circumstances of each case. However, it is always advisable to act as quickly as possible in such matters. 

Why Choose JMW?

Our solicitors have helped to settle many will disputes and we have an excellent track record in helping clients secure the outcome they are after. We can work under various funding arrangements for our clients, including private funding, conditional fee agreements and third party loans. We will work alongside you to work out which arrangement is the right fit.

We can also provide detailed advice on any associated costs of litigation that can derive from an application being brought before the court. 

Talk to Us

Find out more about our services and how our wills dispute solicitors can assist you today by getting in touch. Either call us on 0345 872 6666 or allow us to call you back by completing our online enquiry form.  

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