Although a person can leave money or property to whomever they choose, a Will can sometimes be challenged. Likewise, if they die intestate (without leaving a Will) and the state decides who should inherit, the intestacy can still be challenged.
Challenges can arise for a number of reasons:
- if the division of the estate does not reflect the wishes of the deceased because the Will was drafted negligently
- if the Will was signed under undue influence
- if the deceased lacked the necessary mental capacity to make a Will
- if the Will has been drafted and signed incorrectly, which is often a problem with homemade Wills
- claims brought under the Inheritance (Provision for Family and Dependants) Act on the basis that the Will or intestacy does not make financial provision
You may also be able to contest a Will simply because a reasonable provision hasn't been made for you.
Naturally contesting a Will can be a difficult process, and there are strict time limits in place. If you're considering a challenge it's important to seek legal advice as soon as possible – our team has a huge amount of experience in this area and will assess your case for you, in many cases on a 'no win, no fee' basis.
We can also assist with:
- making or defending proceedings for unprofessional or improper conduct of trustees or executors (and their replacement / removal)
- making and defending proceedings against professional will drafters or administrators of trusts and estates (negligence)
- making and defending proceedings concerning the ownership of property disposed of under a will
- general wills, probate or trust enquiries
To discuss challenging a Will or intestacy contact our team for clear, practical advice.
Our Inheritance Claims Team
- Kevin Grant
Kevin qualified as a solicitor in 2003 and is now an Associate within Harland & Co. He has many years experience of dealing with civil litigation and provides advice and assistance to clients who are involved in bringing or defending Court Claims.
He also has a substantial Private Client caseload dealing with Will drafting, Powers of Attorney, Court of Protection matters and the the Administration of Estates.
More about Kevin Grant