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There are a number of ways you may be able to dispute a Will if you are concerned about its contents, the way in which it was prepared, or whether it was executed by the deceased.  These include:

• The person who made the Will lacked the necessary capacity to make a Will
• The person who made the Will did not know or did not approve of the contents of the Will
• The person who made the Will was coerced (influenced) into making a Will in terms that they would not have done without that coercion
• The deceased may have promised during their lifetime to leave property to you which they have left to someone else by the terms of their Will
• The will was not properly executed
• The will is a forgery

You may be able to dispute a Will on more than one of these grounds.

A successful challenge to a Will on one or more of these grounds will invalidate the Will.  The deceased’s estate will then be administered according to an earlier Will or, if there is not an earlier Will, in accordance with the intestacy rules.

You will need to act quickly to prevent a grant of representation being issued in the deceased’s estate.  A grant will enable the estate to be administered and the assets distributed and it is likely to be more difficult, time-consuming and expensive to attempt to trace and recover the assets if a challenge to a Will is successful.

Laceys  have experience advising on challenges to Wills and defending Wills which have been challenged.  We recognise that Will disputes are often sensitive, emotional and stressful, and we act on your behalf with objectivity and empathy.

If you would like to discuss a contentious Will issue you have, please contact one or our Inheritance Disputes experts today.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.