Challenging a Will is not a decision that should be taken lightly.
The death of a family member or friend is an emotionally difficult time for you and your loved ones. The strain that this causes on you is worsened if you just don’t feel quite right about the way that the Will was made or the persons that were involved in the process. You will need to think carefully about Challenging a Will.
A Will can only be challenged in certain circumstances so it is important that you are aware of what these are and whether they apply to your situation. Not any person can simply challenge a Will. If you wish to challenge the validity of the Will you must have an interest in the estate before you can do so.
If you feel that your loved one didn’t completely understand the document which they were making then they may not have had the capacity to execute the Will. This may be grounds for Challenging a Will.
If you feel that someone has taken advantage of your loved one for the sole purpose of receiving a benefit from the will then this may amount to fraud. This may be grounds for challenging a Will.
If you feel that someone has threatened your loved one, either mentally, emotionally or physically, then this may amount to undue influence. This may be grounds for Challenging a Will.
If you feel that a completely different person has made the Will of your loved one then this may amount to forgery. This may also be grounds for Challenging a Will.
If you are in a situation where you feel you have been provided for unfairly in a Will then you should consider Contesting a Will.
If you are considering Challenging a Will it is important to remember that the challenge won’t be successful if you do not have the evidence to prove your concern and you don’t have a legitimate interest in the estate. It is essential you get legal advice to ensure you do in fact have a legitimate claim.
Contacting our team at Vaarzon-Morel Solicitors at the early stage of the process will assist you in making an informed decision that is the best for you in your circumstances.