Challenging a Will/Contentious Claims

We at Net Probate Solicitors can advise on Challenging a Will of a deceased person where an individual or an entire family feel that there is an issue – including the following circumstances: -

• unjustly dealt with in a Will or where the Will fails to make adequate provision
  
  
• Inheritance (Provision for Family and Dependants) Act claims
  
  
• where there appears to be a fraudulent attempt to ignore the provisions of a valid Will
  
  
• a question concerning the validity of a Will

Generally this procedure of challenging a Will falls within the area of Contentious Probate claims. Specifically to challenging the validity of a Will on the grounds set out under the Civil Procedure Rules.

“Any party who wishes to contend that –
(a) a Will was not duly executed;

(b) at the time of the execution of a Will the testator lacked testamentary capacity; or

(c) the execution of a Will was obtained by undue influence or fraud...”

Generally the Court is concerned to ensure that the wishes of the deceased declared in the Will are carried out, therefore the evidence showing that there is an issue with the Will needs to be clearly set out to the Court.

Mental Health of the Will maker – Challenging a Will
Failing mental health can clearly affect the validity of a Will and how the estate is divided.

At Net International Probate we have considerable experience of dealing with such cases and will instruct Counsel to assist where appropriate.

Claims against the Will draftsman/solicitors for negligence
In the past few years the number of claims of negligence against the Will writers have increased. A recent BBC documentary covered the disastrous consequences to families and individuals who are directly affected.

In some cases, were a Will has been incorrectly drafting and significant issues have not been considered which were in the interests of the estate, then there maybe a case against the draftsman of the Will.

If you think you have a claims against a Will writer please contact us for further assistance.

How can we help you?
Net Probate Solicitors are able to assist you through the complexities of probate both here and/or abroad where you wish to challenge a Will.

At Net Probate Solicitors we offer a confidential service were we can advise in respect of any concerns you may have regarding a Will which you wish to challenge or if you think you have been dealt with unjustly or the Will was drafted negligently.