CHALLENGING A WILL
The traditional nuclear family is no longer the norm. Many people split up, remarry and have children with more than one partner. All of this can lead to potential issues when people die, having made a will which gives away their assets in a way which may not have been expected.
If you have been left out of a will and you believe this may have been unfair, contact us to see if we can make a claim on your behalf.
Claims can be based on several grounds. It may be possible to argue that:
The will itself was not valid – there are a variety of reasons why a will can be deemed to have been invalid, including:
The person making the will (the testator) may not have been mentally capable of making a will – this is called having a lack of capacity;
There may be grounds for believing that somebody has influenced the testator when he or she was making the will in a way which has unfairly affected the will’s contents, often to the benefit of the person who has been the influencing party – this is called unfair influence;
The will may try and give away property to a person despite this having been promised to another person. If it can be shown that the other person has acted to their detriment in reliance upon a genuinely held belief that they would receive the property, it may be possible to alter the will’s outcome;
If you believe that you should be entitled to some form of maintenance under the terms of the will, we may be able to bring a claim for you under the Inheritance (Provision for Family and Dependants) Act. This Act gives people the right to argue that they should receive a payment under the terms of a will if they can show that the testator had a responsibility or duty to maintain them.
This is a complex area of law and you need specialist advice. You also need to act quickly – time limits are short.
If you would like to discuss your particular circumstances, contact us for a free, no-obligation discussion to see what we can do for you.