TRELOAR & TRELOAR

Contesting Wills

There are two main ways of contesting Wills.  One way is to bring an application pursuant to the Inheritance (Family Provision) Act after Probate or Administration has been granted. Such a claim may be for a larger share of an Estate or provision where no benefit is given by the Will or under the Rules of Intestacy (when there is no Will).

However, it is also possible to challenge the validity of a Will.  Wills can be contested on the following bases:

• That the person who made the Will did not have the adequate mental capacity to understand the nature and effect of the Will.
• That the deceased did not know and did not approve of the contents of the document he or she signed.
• That undue influence or undue pressure was exerted upon the deceased person so that the document represents the wishes or will of another person, and not the deceased.
• That the signature on the Will was forged.
• That the Will was procured by fraud, in particular false representations.  

Naturally we represent people who wish to challenge a Will, but also for people wishing to defend and uphold the validity of a Will, or to uphold the extent of gifts in a Will.

Time can be of the essence if you wish to challenge the validity of a Will.  It is essential that you seek advice as early as possible.