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Can you contest a Will?

Can you contest a Will?

Can you contest a Will?

There are five main reasons for contesting a Will and these are;

#1 Not complying with the Wills Act 1837

#2 Undue influence or coercion

#3 Lack of testamentary capacity

#4 Lack of knowledge and approval

#5 Forgery or fraud.

#6 Reasonable financial provision

In this post, we’ll go through each of these in turn and also let you know what happens when you contest a Will.

If you would like to speak to a probate expert, call us free on 08001181603

Need to write a Will? Write your’s on the Smart Will App in 10 minutes for just £24.99 or £39.99 for couples.

Available on

Download our APP on the play store  Download our app IOS

www.smartwill.app

 

 

#1 Not complying with the Wills Act 1837

The Wills Act 1837 is the legal underpinning of all of the case law around Wills.

There is a specific section, section 9, that covers the making of the Will and what is required.

This states that the Will must;

Be in writing and signed by the person making the Will

Be made with the intention of making a Will

Have a signature of the testator that is witnessed by two people that were present at the time the signature was made.

Be signed by the witnesses

This is a simple aspect of Will making and would more likely be decided as a matter of fact as it is easy to see whether a Will has been witnessed for example.

#2 Undue influence or coercion

When making a Will the person needs to make their own decisions free of any pressure or coercion.

Where someone is in a position of power over an individual and then forces them to write a Will that goes contrary to their wishes then this is undue influence.

The types of influence can vary from physical force or threats of violence to bullying or giving inaccurate information.

In fact, any method used to change someone’s mind could be classed as undue influence.

Naturally, this can be difficult to prove and can often consist of opinion rather than observable fact.

If you would like to speak to a probate expert, call us free on 08001181603

Need to write a Will? Write your’s on the Smart Will App in 10 minutes for just £24.99 or £39.99 for couples.

Available on

Download our APP on the play store