Do You Have the Right to Contest a Will?

Wills are legal documents which stipulate how a person’s estate will be managed and distributed after they pass away. Because a will is such an important document – particular in the case of large estates – there are a great many strict guidelines which one must follow both in the drawing up and execution of a will.

Of course, sometimes it’s the case that a will is not received happily by all parties involved in its reading. Perhaps someone was not given as much as they were expecting, or they may have even been left out entirely. In other cases, a person’s very inclusion as beneficiary may be grounds for contestation. Contesting a will can be a problematic, divisive, complicated and lengthy process, and therefore a person may only contest a will if they have just cause to do so.


Who Can Contest

If a person has grounds for receiving something in a will, they usually have the grounds to contest it. Such persons include blood relatives and close friends or employees – a longstanding housekeeper may, for example, have the right to contest an employer’s will. Will contestations are most commonly carried out if the person standing has reason to believe that the current will is invalid.

Why a Will might be Invalid

You may contest a will if you think it may be invalid. A will can be classed as invalid if it was not produced according to legal guidelines. It may not have been witnessed, or the person who wrote it may have been in a state of reduced capacity at the time of writing. The most common reason for this is dementia. Sometimes multiple copies of a person’s will may exist, which include differences with regards to the identity of beneficiaries, or the amounts they are to receive. In other, more serious cases, a will can be classed as invalid if the person who wrote it was coerced or influenced into writing.

How to Go About Contesting a Will

If you’re thinking about contesting a will you should immediately engage the services of a solicitor with experience in this field. Willclaim Solicitors are the perfect example of such a firm. Fully trained legal practitioners will be able to better able to advise you of your rights, and make recommendations for how you might be able to go about contesting a will for the least amount of trouble and cost.


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