Up for the challenge?
A Will, the provision made for someone in a Will and the person who acts as an executor of a Will can all be challenged. We summarise these below:
Challenging a Will
A Will can be disputed on some specific legal grounds including that the person who made the Will did not have the requisite mental capacity to do so. In these circumstances, it can be argued that the Will itself is invalid and should be overturned.
Challenging the provision in a Will
The provision made, or perhaps not made, for someone in a Will can be contested in some cases. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people including spouses, children, stepchildren and someone who was being financially maintained by the deceased to challenge their entitlement under a Will. In this case, it is the actual provision under the Will (as opposed to the validity of the Will itself) which is in dispute.
Challenging the executor of a Will
An executor of an estate has various legal duties when administering an estate and has obligations to the beneficiaries. If they fail to comply with those duties/obligations they can be required to put things right or in the most serious cases be removed.
If you have any concerns about a Will, what you have received (or not received) under a Will or someone dealing with an estate, we would be happy to discuss this with you.
Get in touch with our Private Client team to see how we can help you.