There are various ways in which a Will can be challenged. Some of the common grounds for challenging a Will are:-
Capacity
The validity of a Will may be challenged on the basis that the person making the Will had insufficient mental capacity to do so at the time the Will was made. If the Court is satisfied these circumstances exist the Will can be set aside.
Undue influence
The validity of a Will may also be challenged on the basis that the person making the Will was subject to undue influence (i.e. coercion/pressure) by another to make the provisions they did in their Will. Again, if the Court is satisfied these circumstances exist the Will can be set aside.
Knowledge and approval
A person making a Will must know about and approve the contents of their Will. The validity of a Will may be challenged on the basis that the person making the Will did not know about or approve the contents of their Will.
Execution
In order for a Will to be valid it must be executed properly. There are certain formalities which must be followed for the valid execution of a Will. If these formalities are not followed the validity of the Will can be challenged.
Inadequate Financial Provision – Inheritance Act claims
Where a person dies having not made reasonable financial provision for their relatives or dependents the law allows those relatives or dependents to make a claim against the deceased’s estate. There are a number of persons (i.e. claimants) eligible to make a claim including the spouse or civil partner of the deceased, a child of the deceased and a person who immediately before the death of the deceased was being maintained by the deceased. This list is not exhaustive. The Court will take into account a number of factors when deciding a claim and can change the terms of a Will to make proper provision for the claimant. A claim can still be made even if there is not a Will.
There are strict time limits for making this type of claim. It is therefore important you obtain legal advice without delay.
