In order to challenge a Will, it is necessary to prove that you are a disappointed beneficiary. In order to establish whether you are a disappointed beneficiary, you will need advice regarding the content of a previous Will or intestacy.
Generally, a disappointed beneficiary is someone who would have received an inheritance or an increased inheritance under a previous Will or if the estate had passed on intestacy.
In order for us to assess whether your claim is worth pursuing then please call or email us today for your FREE CASE REVIEW.
The Grounds of Challenge
There are various grounds upon which the validity of a Will can be challenged.
Lack of Testamentary Capacity
In order for a Will to be valid, the Deceased needs to have had testamentary capacity when making his or her Will. Questions are often raised regarding testamentary capacity if the Deceased was elderly when his or her Will was executed or he or she had a medical diagnosis which affected his or her mind. We can advise you in respect of testamentary capacity and whether or not a Will is potentially invalid.
If it is possible to prove that a person was coerced into making his or her Will, that Will may be deemed invalid due to undue influence.
Want of Knowledge and Approval
In order to challenge a Will on this ground the Court needs to be convinced that the deceased did not know or approve what they were signing when they signed the Will.
We Can Help
At MW, our Mission is "To make quality legal services accessible to everyone" including those people who need to challenge a Will.