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Challenging a Will

If someone close to you has died and you believe they have made insufficient provision for you in their Will, or the provisions made appear contrary to what they led you to believe you would inherit, you may be able to challenge the Will.

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, or that the person was subject to undue influence by another to make the provisions they did in their Will. If the Court is satisfied either or both of these circumstances exist, the Will can be set aside.

Alternatively, if a Will is valid it may be possible to bring a claim under the Inheritance (Provision for Family and Dependents) Act 1975 if you are within a certain class of persons entitled to bring a claim. This claim is based on an argument that the Will does not make reasonable financial provision for your maintenance and a number of factors are considered including your own financial circumstances and your needs.

This area of law is incredibly complex and there are strict time limits involved with bringing a claim. Therefore we urge you to seek legal advice at the earliest opportunity if you think you may wish to contest the validity of a Will or the provisions contained within a Will itself.

If you would like advice on contentious probate issues please contact us.

Jacqueline Penfold
Jacqueline Penfold
Tina Ripley
Tina Ripley