Can a Will be Challenged?

Can a Will be challenged? It’s a question that may come up during fractious and difficult times as those involved in the process argue over the estate in question. The short answer is yes it can, but it is dependent on the circumstances involved.

At a time when emotions are running high after losing a loved one, the possibility of disagreements and fighting among family and/or friends is very real.

The damage to relationships can be long-lasting, even permanent. But if you believe you are entitled to a share of an estate, it is important to explore the potential channels for challenge.

Why might someone challenge a Will?

When a Will is revealed to those mentioned in it, beneficiaries can disagree on the distribution of the estate, the amount going to another beneficiary or the inclusion of a certain person.

It could be that you believe you are entitled to part or all of the estate in question, especially if you consider yourself to be financially dependent on the deceased. All of these circumstances lend themselves to a potential challenge.

Often a divisive subject, when families and/or friends involved in the process fall-out, it can be destructive, with legal proceedings required to come to an amicable agreement.

Can a Will be challenged?

When considering ‘Can a Will be challenged?’ it’s important to assess your circumstances, with the input of a legal expert extremely beneficial. They can assess the situation and provide a likely outcome for your claim on the estate based on their knowledge of the process – this in turn could save you money in legal fees if you were to go ahead and challenge and ultimately end up with nothing.

Certain scenarios could make the Will eligible for the challenge, including:

• If the Will is not signed, dated or witnessed correctly
• If there were concerns about the capacity of the Testator (the person who made the Will) at the time of creating the document
• If a person who isn’t included considers themselves to be dependent and entitled to reasonable provision.

Who can help if you want to challenge?

The Wills, Probate, and Trust team at Winn Solicitors can help by assessing your circumstances and providing relevant advice and guidance on the next steps. With decades of experience in this sector of law, they’re ready to help you.

Can a Will be challenged? Find out more, based on your circumstances, by booking a call with our team today.

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