Contesting a Will

Can you contest a will?

A will is meant to be a person’s final wishes and instructions. If a will is properly made, it should be binding. However, there are times when a will can be contested.

When can a will be contested?

A will can be contested for 3 main reasons:

It was not properly made, in accordance with the law
There was duress or fraud surrounding it’s making
A dependant was not properly provided for

Who can contest a will?

To contest a will on the basis that you were not properly provided for under it, you need to have a relationship or dependancy on the deceased. For example, you may have been financially dependent on the deceased.

What should you do if you want to contest a will?

The first thing to be done is to apply to a court to prevent the distribution of the assets. This will mean that assets do not get distributed and then have to be recalled if the contest of the will is successful.

Does contesting a will require a solicitor?

Yes, it is advisable to have a solicitor help you with contesting a will, as it can be a complex area of law.

A solicitor can advise you whether you have a strong case. To find out if you have a valid claim, call us to speak to a solicitor today.

If you would like to obtain legal advice on contesting a will, Contact Law can put you in touch with a local wills and probate solicitor free of charge. Please call us on 0800 1777 162 or complete the web form above and we’ll call you back.