When someone dies, their family often want to ensure that their will accurately records their wishes and properly provides for their family. If the will doesn’t properly record the deceased’s wishes, or someone who thought they would inherit does not, the deceased’s family can find themselves dealing with a will dispute.
Will disputes can be stressful and time consuming at an already emotional time.
There are strict time limits that apply to some claims and in some cases a person will need to act quickly to stop the issue of the Grant of Probate.
If you are considering bringing a claim, or if you find yourself having to defend a claim, we recommend that you seek specialist legal advice as soon as possible.
When do will disputes arise?
There are various reasons why will disputes arise. For example, because:
- the will has not been properly signed
- the person making the will did not have testamentary capacity
- the person making the will did not have “knowledge and approval” of the contents of the will
- the person making the will was unduly influenced to make the will
- the will is forged or obtained by fraud
- the meaning of the will is unclear
- the will was negligently drafted
- the will does not properly record the deceased’s wishes and needs to be rectified
Will disputes also arise where certain relatives and dependants believe they have not been properly provided for. For more information, see Inheritance Act Claims.
How we can help
Whether you need to dispute a will or defend your inheritance, our specialised Disputed Wills and Trusts Team will work with you to achieve the best result for you.