If you are unhappy with the outcome of a will you can contest it
Contesting a will
If you feel dissatisfied by the outcome of a will, you have the right to contest it.
Contesting a will, also known as contentious probate, is the legal process of challenging the validity or the terms of a deceased person’s will. It typically involves disputes among beneficiaries, family members, or other interested parties who believe that the will does not accurately represent the deceased person’s intentions or that there were irregularities in the way the will was created. In these circumstances, expert support and advice is critical to achieving the desired change in outcome. At AmicusLaw our experience in contesting Wills means we can offer insight and effective strategies for challenging the existing Will to improve your chances of overturning the original settlement.
Using our specialist services can make the process faster and less costly potentially, helping you reach a satisfactory settlement more quickly. To make the process as easy as possible for you to manage, you will deal with the same lawyer from beginning to end. As specialist private lawyers we have the expertise and experience to manage your affairs more efficiently and smoothly, and the personal touch to deliver the service in way that suits you best.
How can Will challenges be avoided
by Alex McGill
Alex McGill
Private Client Legal Executive
The number of will challenges in the UK are continuing to increase year on year, but what can you do to ensure that you are protecting your attentions and protecting yourself against will challenges.
1. Write a will sooner rather than later
Many people choose to put off writing a will until their advanced years. The issue with this is that if the testator has lost capacity through illness or injury, they will not be able to execute a will and will be required to undergo a capacity test. Writing your will when you are known to be of sound mind and health and continually updating in line with your wishes, will help you to avoid capacity claims.
2. Open communication with loved ones
Although discussing wills can be a challenging topic, often open communication and setting clear expectations with your loved ones will help to make sure you can avoid capacity claims.
3. Protecting yourself against Claims Under the Inheritance (Provision for Family and Dependants) Act 1975
A Will challenge can occur even when the Will is properly executed, and capacity isn’t in doubt. Typically, these challenges are raised by specific dependents, like a son or daughter who would typically expect to benefit. These challenges arise when the dependent can prove inadequate provision in the deceased’s will. To prevent such challenges, consider adding a side letter or note explaining why a particular dependent is excluded in detail, safeguarding your intentions and reducing the chance of disputes.
4. A professionally written will
Although there are a rising number of low-cost options when it comes to writing a will, it really does pay to enlist the help of a quality solicitor through the entire probate process. They will understand the intricate details of the law and some of the common pitfalls to avoid.
Speak to the expert team at AmicusLaw for advice and support in writing your Will.
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