(also known as contentious probate)
Claims or grounds for making a will challenge can arise in the following areas:
- When someone has been left out of a Will it may be possible to apply to the Court for, in effect, the Will to be altered to allow the person to inherit under the Inheritance (Provision for Family and Dependants) Act 1975. These contested Wills are often known as inheritance claims. In these instances the court is providing the applicant with reasonable financial provision from the estate.
- When someone has been coerced into making a Will against their wishes.
- Where the Trustees have acted negligently causing a loss to those due to inherit from the Trust.
- Where there are disputes between beneficiaries of a Will.
- Where the validity of a Will is called into question.
- If the maker of the Will did not have the necessary mental capacity.
- Fraud in connection with a Will or Estate.
See also our FAQ's