Wills and Contentious Probate
In general, the law acknowledges a person’s right to decide where to leave their property and assets on death. However, a Will can still face challenge and, in addition, claims can be brought for financial provision under the Succession Act 1965. The Court may be required to determine disputes that arise in relation to the validity of the last Will that was signed.
Typical Challenges to the Validity of a Will:
Want of due execution
This is where the Will was not signed or witnessed properly
Want of knowledge and approval
This is where the person making the Will did not know of or approve of the content of the Will
Incapacity of the person making the Will
This is where the person making the Will was not of sound mind
This is where the Will has been signed under coercion
This is where the person making the Will was induced into making the Will because of false information
Failure to provide financially for a beneficiary or the legal right share of a child/child of the half blood/step child/Spouse or Partner.
This is where the Will has been revoked by marriage, divorce, subsequent Will (or Codicil), destruction, revival of an early Will (or Codicil), or by alteration or obliteration
- The basis of a challenge to a Will for financial provision is a different process. In particular, the time limits for doing so are much shorter
- If you intend to challenge a Will because you do not believe that reasonable financial provision has been made for you under that Will, we would encourage you to seek advice as a matter of priority
- There may be issues of negligence on the part of an advisor who prepared the Will if, for example, the distribution of the estate appears to be contrary to the wishes of the deceased
- Regan’s are well placed to assist and advise on this type of claim
- Challenging a Will for Financial Provision
- Professional Negligence Claims Related to Wills and Probate
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