DISPUTING A WILL – CONTESTED PROBATE LAW

Contentious Probate - Disputing a Will ~ Our nationwide networks of solicitors are experienced in dealing with contested probate cases including disputing a will. It is hard to find a lawyer with experience in probate law as well as courtroom disputes. Yet, with wills being such fertile grounds for legal contests, it is critical that you have a solicitor who possesses both skill sets. For instance, the law lays down a host of technical requirements for executing a valid will. Unhappy potential beneficiaries have numerous ways to attack the validity of a will in court. Other problems arise when someone who was not included in the will is claiming a right to some of the assets of the estate. A dependent of the deceased who was not adequately provided for in the will can take legal action to demand support.

Our solicitors will provide you with free legal advice on any of the matters outlined above or other issues related to disputing a will or contested probate. Simply call us on our help line or complete the contact form. A solicitor will contact you to discuss your case at no charge, and you are under no further obligations.

Requirements for a Valid Will ~ As mentioned above, probate law sets forth precise parameters for determining the validity of a will. Failure to follow even one of these mandates can invalidate the entire document and provide grounds for disputing a will. Some of these issues are time sensitive, so it is crucial that you obtain legal advice from a solicitor as soon as possible after an issue arises. A potential beneficiary unhappy with the terms of the will has ample means of contesting its validity. Legal action can be taken if a will fails to satisfy any of the requirements below:
~ the testator must be at least 18 years old at the time of making the will; wills made by minors are invalid
~ the testator must have made the document under their own free will, without suffering undue influence from another individual; the appearance of undue influence by a beneficiary is a common grounds for contesting a will
~ the testator must fully understand the meaning of the will and be considered of sound mind
~ the testator must sign the will in the presence of two witnesses who must then also sign the will
~ if a witness to the will is also a beneficiary, that individual automatically loses their inheritance

Lost or Revoked Wills ~ Sometimes the testator’s original will is lost. In that case, the proposed executor may go before the High Court and seek a grant of probate by proving the validity of a copy of the will. Obviously someone who was a beneficiary of an earlier will but is not a beneficiary of the will in question might want to start legal proceeding for disputing a will in order to challenge the copy. The argument would be that the original will was not in fact lost but was instead destroyed by the deceased in an act of revocation. If the lost will was actually revoked by destruction, then the earlier will would be valid and its terms would dictate the distribution of the deceased’s assets. As you can imagine, it is no small task to prove the intentions of a deceased person. A great deal of evidence and many witnesses must be brought forth to support claims for and against the validity of the will.

Support for Dependents ~ A dependent can be a spouse, partner, minor or mentally disabled person. Should the testator have a dependent, the will must provide for that dependent’s support. If the will doesn’t include adequate provisions for the dependent, the dependent can take legal action to demand support. The grounds for the contest are that the deceased failed to meet their legal obligation of financial support.