A will can be defined as a person’s wishes in the form of a written document legally executed to which they declare the disposals of his or her property or estate after their passing. However, it is common knowledge that the deceased’s wishes may be objected and disputed even after leaving a will, this is known as to ‘contest’ a will and expert will solicitors specialise in this area.
The reasons for contesting a will may be of the following:
- Testamentary capacity – For a person to make a valid will they must be of sound mind and understand the effect of their will.
- Lack of valid execution – The will is deemed invalid if it isn’t in writing and signed by the testator or signed by someone directed by the testator in their presence.
- Lack of knowledge and approval – A person must know they are signing their will and approve its contents.
- Undue influence- A person must prove they were not influenced.
- Fraudulent wills and forged wills – The will must be free from forgery or be a result of fraudulent behaviour.
- Rectification and construction claims – A will may be rectified if it doesn’t carry out the testator’s intentions.
The work of contesting a will comes under inheritance claims and can be considered as an expensive procedure due to the nature of the claim and the amount of work and investigation required. Therefore it is essential to have the right solicitors who are experienced in such matters. In today’s society it is become increasingly common as the value of assets and wealth is increasing in line with the complexities of modern relationships. The work itself can be classed as sensitive due to how personal the situation is, the right solicitors will help ease the difficulties faced by the client ensuring a smoother and more comfortable process.
Going to court isn’t always the only option and many may fear this action as financially damaging. Thus, experienced solicitors will look towards and put forth the possibility of an Alternative Dispute Resolution (ADR), to avoid the chances of court action taking place. This is done in the most effective manner with practicality and efficiency in mind to ease the clients stress and put ease to their minds through the help of expert will solicitors.