Losing a loved one is always a difficult time. To find out that the Will is not how you expected it to be can seem like salt on your wounds.
Unfortunately, most people confuse contesting the Will with wanting a provision from the Will. There is a key difference. The former is stating that the Will itself is invalid. The latter is claiming that whilst the Will is valid, a provision from the Will should be made to you under the Inheritance (Provision for Family and Dependants) Act 1975.
Reasons for contesting a Will may include:-
•The deceased not understanding the contents of the Will because of a mental illness or old age;
•The deceased did not know or approve the contents of the Will;
•Discrepancies with signatures or the witnessing of a Will
•Unclear wording and intention within the Will
•Influence or pressure to make the Will
•Marks on the Will indicating possible intention to revoke the Will
•Latter Wills existing
If a Will has been drawn up by a Solicitor or a professionally qualified person, challenging the Will may be more difficult. Experts in this field will ask the relevant questions at the time of the interview to minimise the risk of the Will being contested.
Where the Will has been drawn up by someone who is not an expert or perhaps the Will has been drawn up using a self help kit, then there is a greater risk of the Will being successfully challenged.
Contesting a Will means to have the Will declared invalid. This means that a former Will can be resurrected and if no such Will exits, then the laws of intestacy will apply.
If you are in doubt about a Will you can get informed advice by one of our experts on any potential claim you may have.
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