Five reasons why a Will may be contested

Five reasons why a Will may be contested

Five reasons why a Will may be contested

An increasing number of wills are being contested in the courts, by disgruntled family members and organisations such as charities. These legal challenges can be very distressing, particularly for grieving loved ones.

The increase in challenges to wills is partly because of cultural changes over recent years such as changes in family setups; and financial pressures as a result of recession. Considering potential challenges to your will can help to ensure your will is drafted anticipating such challenges with a view to minimising heartache and distress for your family and loved ones when you are gone.

Some of the most common reasons why a will is contested are:

1. The will was not signed and witnessed properly: there are strict legal rules on how a will must be signed and witnessed. If there are doubts over the signature on the will, it can lead to the will being contested and even the possibility of it being rendered invalid. A will must be signed by the person making the will in front of two independent witnesses who do not stand to benefit from the Will. In addition, if there is any evidence of forgery or fraud, it can lead to the will becoming invalid

2. The deceased lacked mental capacity: the law says a person making a will must have what is legally known as 'testamentary capacity'. The person making the Will must show that they understand the nature of making a Will and its effects. They need to know the extent of their property and possessions and who should benefit from their estate in the event of their death. Even bereavement can alter someone's state of mind to an extent that a will made at such a time can be deemed invalid. Also, if there is evidence that the will was made under duress or undue influence, it can lead to the will being declared invalid.

3. A dependant is not properly provided for: if a dependant has not been properly provided for in your will, they may be able to make a claim against your estate under the Inheritance (Provision for Family and Dependants) Act 1975. For example, where you have not provided for individuals who were maintained by you immediately before your death, or where you have not provided for a husband or wife, whether you are separated or otherwise. It is important to ensure that family members and dependants are sufficiently provided for in your will to avoid potential claims against your estate when you are gone. If there is someone who you have not provided for in your will, it is good practice to write a letter of wishes to explain your reasons why you do not wish them to benefit from your estate as the court can take this letter into consideration if the will is contested.

4. The will was not properly drafted: sometimes, the person who drafted the will may have been negligent. For example, the will does not properly reflect the deceased's expressed wishes, the will was not made sufficiently clear, or the deceased died before the will was executed. Homemade wills and DIY wills are particularly likely to contain errors which can lead to confusion and in turn conflict in resolving what the intentions of the deceased's were. It is important to use a trusted professional to draft your will to avoid any issues when you are gone.

If you are unsure as to whether your will sufficiently provides for your loved ones and dependants, you should seek the advice of a wills and probate specialist.

POST COMMENT

Step by Step Guide to Probate Deciding If A Neighborhood Is Right For You Delete Duplicates In Itunes By Using An Itunes Duplicate Remover Caribbean All Inclusive Resorts – Bermuda Why Visit Djibouti? How Good is the Encompass Air XJ-3800 Intelli-Pro? How You Know The Time Has Come To Move British Academics - Parts of Speech Free Mass Traffic & Free Mega Bonus Why Isn't Your Vertical Jump Improving? Cerebral Palsy Claims Solicitors Regulation Authority Pool Covers Different Types Different Usages