The loss of a family member is naturally a difficult time. However, this can be made much worse where there are disputes as to the deceased’s estate within the family.

This firm has years of experience in assisting in such disputes to bring a resolution which provides certainty to the parties involved.  

Where a Will’s validity is contested, our firm can assist throughout the claims process from entering a Caveat in the estate right through to any final Court Hearing.

We can also provide expert advice as to the likelihood of success should a party wish to make a claim for reasonable financial provision for their maintenance from the estate, or the chances of successfully defending such a claim, where a request has been made.

Will Validity Claims

A Will can be challenged on the following grounds :-

• The purported Will is fraudulent

• The Testator (Person who made the Will) lacked mental capacity at the date the Will was made.

• A third party applied Undue Influence upon the Testator

• The Testator lacked the necessary “knowledge and Approval” of the contents of the Will

Inheritance (Provision for family and dependants) Act 1975 Claims

• Various persons can potentially bring a claim against the Deceased’s estate for “reasonable financial provision for their maintenance”. Those persons are:

1. a Spouse

2. the former spouse or civil partner of the deceased (as long as that person has not remarried/entered into a subsequent civil partnership)

3. a person who, for the two years prior to the death, was living with the deceased as if they were a spouse or civil partner

4. a child of the deceased

5. a person who was treated as a child of the family by the deceased

6. any other person who was being maintained, wholly or partly, by the deceased immediately prior to their death.