Can I challenge a will?
What is the point of a Will if it can be challenged? Well firstly, a properly drafted will (usually drafted by a solicitor or Will writer) provided it complies with the legal formalities of Section of the Wills Act 1837 is difficult to challenge. A testator in this county is also given testamentary freedom to dispose of his estate and there is no moral or legal obligations regarding the disposition of an estate (save in very limited circumstances).
However, in some very limited circumstances it may be possible to challenge the validity of a will. The limited challenges to a will can be summarised as follows: -
- At the date the will was made the person making the will (referred to as the testator/testatrix) did not have the mental capacity to make a will.
- At the time the document was made and signed the person making the will did not have the intention to make a will and for the document to be given effect on their death;
- At the time the will was made the person making the will was affected by undue influence, want of knowledge and approval, fear, fraud or by other matters which vitiated (spoilt or destroyed) their intentions.
- The intention of the person making the Will is not ascertainable or capable of being ascertained from the words used in the will.
- The beneficiary described in the will cannot be identified or is not capable in law of taking the gift.
- The subject matter of the gift is not ascertainable
- The will was revoked; or
- By a statutory challenge under the inheritance (Provision for Family and Dependants) Act 1975, which allows a certain category of claimant, who are considered as dependants of the deceased and the will fails to make reasonable financial provision for them.
We have an experienced, dedicated, and empathetic team who may be able to assist you if you have concerns regarding the validity of a will and require advice on a potential challenge to a Will
Contact us now by calling on 0800 413 463 or my emailing our specialists, Kevin Richardson at our Portsmouth Office at firstname.lastname@example.org or John Hoey for Isle of Wight enquires at email@example.com