What you need to know if you dispute a will
Do you want to dispute a will? This could be because you think a will hasn't been drafted properly, or it has been signed in suspicious circumstances. Or have you been completely left out and want to know whether you could make a claim?
Now that many families are more complicated than they have been in the past, with second marriages and families becoming far more commonplace, it is more important than ever to ensure that you have a valid will in place.
There are many reasons why you might want to challenge a will. For example, a will can be invalid if:
- it does not comply with the complex technical formalities which are required for wills when they are drafted;
- it has been obtained by duress or undue influence, where the person making the will has been forced to sign it under pressure from someone else;
- when the will was made, the person making it was suffering from dementia or some other impairment and did not have the capacity required to sign it; or
- no provision is made for a spouse, cohabitee, children, former spouse, or children.
Disputes about wills and inheritance are very distressing for families. In these circumstances, it is important to get fast accurate advice about what your options are. It is important to take advice quickly, as the Court sets down time limits for taking action, which are often very short.
We have helped many clients over the years who have disputed a will, or, from the alternative perspective, challenged a dispute to a will.
If you have an issue about a will, contact us for a free no obligation discussion about how we can help.