Challenging the Validity of a Will

It is important that a Will fully respects the wishes of the testator

A person’s Will represents the wishes of that person as to what happens to their property and money when they die. However, what happens when a person’s Will does not actually reflect what they wanted to happen to their property?

This can happen when, for example, an unscrupulous relative places undue influence on the person making the Will to leave them things which they may not otherwise wish to do.

Another way in which this occurs is if the person making the Will lacks the testamentary capacity to do so. For example, a person is suffering from dementia may genuinely be unable to understand the effect of their Will.

Sometimes, particularly with ‘home-made’ or ‘off-the-shelf’ Wills, the required formalities to make a legally binding Will may not have been observed.

In such circumstances it is possible to challenge the validity of a Will.

With any claims against a deceased person’s estate, it is important to act quickly. Whilst there is no specific deadline to challenge the validity of a Will, the courts do regularly apply what is known as the doctrine of laches in considering whether or not the person challenging the Will has done so within a reasonable period of time. The two particular milestones that the Court will take into account are when the grant of probate was obtained and when the estate was distributed to the beneficiaries.

Cunningtons can advise you and assist you in bringing a challenge to the validity of a Will.

We can also assist in Will reconstruction and disputes regard lasting powers of attorney.

If you require further information as to how we may help you resolve your dispute or to bring or defend a claim please click here to email us and provide brief details of your problem and we will contact you to discuss whether we can help you and, if so, how.

Our Locations

Braintree - 01376 326868

Cunningtons LLP in Great Square and Tofts Walk in Braintree, Essex, is the head office for Cunningtons Solicitors across the UK. Established in 1748, the Braintree head office in Great Square is still in its original offices. This amounts to almost 300 years of Experience and Tradition.

The Senior Partner at Cunningtons’ Braintree office is David Drake. Paul Fenton is the Joint Managing Partner. He, along with Johanna Withams are the residential conveyancing partners at the Braintree practice. They are supported by qualified Solicitors and Licenced Conveyancers.

Read More

Braintree Walk In
Brighton & Hove: 01273 725229
Chelmsford: 01245 264494
Croydon: 0208 688 8446
Ilford: 020 8553 0002
Solihull: 0121 7056868
Wickford: 01268 732268