Contentious Probate
A will may be challenged on one of the following grounds -
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It is not in the proper legal form or is not properly executed
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The testator was not of sound mind
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The testator lacked knowledge and approval of the contents of the Will
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Undue influence or fraud
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A claim for provision under The Inheritance (Provision for Family and Dependants) Act 1975
Any Will which is rational on its face and correctly executed will be presumed valid, unless the person challenging it can prove the contrary.
If sanity is contested the burden of proof shifts to the person who is seeking to uphold the Will. Lack of knowledge may be argued where the testator was blind, deaf or dumb or the Will was drawn in a language of which he was not a native speaker. In such circumstances professional advice on the drawing of the Will should have been sought to avoid any potential challenge.
Undue influence or fraud by a third party is a very difficult thing to prove and needs very strong evidence to back the claim.
The Inheritance (Provision for Family and Dependants) Act 1975 enables certain people who fall within the categories set out in the Act to bring a claim for financial provision from the Estate. There may of course be justifiable reasons for omitting someone from a Will and it is not necessarily the case that any claim would be successful.
In every case it is important to take early advice. There are time limits for some claims and all claims can be prejudiced by delay.
For further assistance for your situation please contact John French in our Litigation Department, or Joyce Bennell in our Probate & Trusts Department.There may of course be justifiable reasons for omitting someone from a Will and it is not necessarily the case that any claim would be successful.
In every case it is important to take early advice. There are time limits for some claims and all claims can be prejudiced by delay. For further details on your situation please contact John French in our Litigation Department or Joyce Bennell in the Probate Department.
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