When Might You Consider Challenging A Will ?
If someone you know has passed away and their Will seems out of character , it is worth considering a claim to challenge its validity . You should act quickly and take advice as soon as possible as matters become harder when a “ grant of probate ” is issued . A “ grant of probate ” is the document that gives an executor the power to start administering the Will .
Lodging a caveat If you believe that a Will isn ’ t valid for whatever reason , the first thing to consider is lodging a “ caveat ”. This stops anyone from taking out a grant of probate and allows you to investigate the circumstances under which the last Will of the deceased was prepared . Remember that in order to challenge someone ’ s last Will , you must have a sufficient interest in the estate .
Circumstances under which you might challenge the validity of a Will ( a ) The Will hasn ’ t been “ executed ” properly or is a sham No Will is valid unless it complies with the formalities which involves the deceased signing at the end of the document in the presence of two or more witnesses and who sign the Will in the presence of the deceased . The deceased must also have the intention to create a valid Will , without this the Will is a sham e . g . where a person executed but didn ’ t think it was finalised until it was dated .
( b ) The deceased lacks capacity The deceased must have had the mental capacity at the time they made the Will .. This means that he / she must understand what they are doing , and the extent of the property which they are giving away . They need to be able to comprehend and appreciate the claims that may be made against their estate .
( c ) Undue Influence Sometimes , a deceased may have executed a Will as a result of some undue influence from someone . The person alleging undue influence is required to prove it . These types of claims can be difficult , but not impossible to prove .
( d ) Fraud There may be circumstances under which someone believes that some kind of fraud has taken place . There is a high burden of proof when alleging fraud and so you must be absolutely sure if you are going to make an allegation of this nature .
If you would like to discuss your specific situation , please contact Sangita Manek on sam @ blasermills . co . uk or call on 01923 725004 .
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