Veitch Penny Solicitors

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Disputed Wills

Categories: Making a Will

Disputed Wills

The death of a person can cause legal problems for those who are left behind, where financial difficulties are often caused by inadequate provision for family and dependants. A Will is an individual’s choice on how their assets will be distributed; they are free to decide who receives something, if at all. No one has an automatic right to inherit from a deceased estate even if they are a loved one or are related.

You are able to challenge a Will if:

  • The person making the Will lacked mental capacity
  • The Will was made under undue influence
  • The Will has not been properly signed and witnessed
  • The Will was a forgery
  • The Will does not make adequate financial provision for family and dependants
  • There are doubts with the interpretation of the wordings of the will

Losing a loved one is hard enough and can affect you emotionally, practically and financially. It can also be an especially difficult and stressful period if you or another party contests the will or estate. There are a number of reasons as to why Will disputes may arise, which include:

  • The deceased should have made additional provision for you
  • Someone else is claiming that additional provisions should have been made for them
  • The deceased made promises to you or others
  • Disputes with Executors
  • There is a factual error in the Will
  • The Will has been lost

If you would like practical and sympathetic advice on the implications of making or defending such a disputed Will claim, contact us. We understand that disputes which can be very complicated and distressing for those involved, we are able to assist you with a number of claims including:

  • Inheritance Act Claims - Inheritance (Provision for Family and Dependents) Act 1975.
  • Claims where a Will has not been executed correctly – professional negligence
  • Claims involving agreements regarding property made prior to death
  • Disputes involving Executors or Trustees
  • Fraudulent Wills
  • Disputed Will based on a lack of mental capacity
  • Caveats, warnings & appearances
  • Contested Court of Protection
  • Burial disputes
  • Disputes over the identification of beneficiaries
  • Disputed Lasting Powers of Attorney

Is there a time limit?

An application must be made no later than 6 months from the date of the Grant of Probate (or Grant of Letters of Administration in the case of intestacy).

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We can help...

If you have any questions or concerns about how your interests are being protected, speak with us on Exeter: 01392 344800 or Crediton: 01363 720720 for a FREE initial consultation, where we can explain your rights and options and can help you decide your next step.

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