In what circumstances can I dispute a Will?
If you require expert assistance with disputing a Will then call our free helpline on 0333 888 0407 or email us.
Specialist inheritance lawyer Naomi Ireson answers one of the most common questions we get asked, ‘In what circumstances can I dispute a Will?’
The two main situations in which Wills are disputed are:
- When the Will itself is invalid; and
- When the Will is challenged under the Inheritance Act.
Where the Will is invalid
There are a number of legal grounds upon which you can dispute a Will. You may for instance feel that the person making the Will lacked mental capacity. Alternatively you may believe that they were subjected to what lawyers call, ‘undue influence’. You may even suspect that there has been fraud or that the Will itself is a forgery. In all of these circumstances, if you can demonstrate that the Will is invalid then its provisions will not be enforceable and the estate will be distributed in accordance with any earlier valid Will. If no such Will exists then the intestacy rules shall apply.
Where an Inheritance Act claim is made
If the Will itself is legally valid but you feel that it fails to make adequate financial provision for you then you can consider making an Inheritance Act claim.
To be eligible to make an Inheritance Act claim you must belong to one of the limited classes of people identified in the Act. This includes spouses, partners, children and dependants.
The courts have very wide powers under the Inheritance Act to change the terms of someone’s Will so as to ensure that those who should be provided for receive what they are due.
Contact us for a free case review
If you would like to dispute a Will then you can make a start by contacting our free legal helpline. Our expert lawyers will assess your case and tell you if we can help on a No Win, No Fee basis. Call us on 0333 888 0407 or email us at [email protected]