Contesting a Will refers to the legal process of challenging the validity or provisions of a deceased person's Will.

There can be various reasons why someone might contest a Will, including:

1. Lack of testamentary capacity: If the person making the Will (testator) was not of sound mind or didn't have the mental capacity to understand the consequences of their actions when creating the Will, it may be challenged.

2. Undue influence: If someone exerted excessive pressure, manipulation, or coercion on the testator to change their Will in their favour, it can be grounds for contesting the Will.

3. Fraud or forgery: If there is evidence that the Will was forged, altered, or created under fraudulent circumstances, it can be challenged.

4. Improper execution: Each jurisdiction has specific requirements for a Will to be considered legally valid. If these requirements, such as proper witnessing or signature, were not met, the Will can be contested.

5. Mistake or ambiguity: If there are errors, inconsistencies, or unclear provisions in the Will that create confusion or dispute among the beneficiaries, it may be contested to seek clarification or correction.

6. Revocation or subsequent Will: If there is evidence of a later Will or a revocation of the previous Will, it can be used to contest the validity of the existing Will.

It's important to note that contesting a Will can be a complex and lengthy legal process, and success in challenging a Will depends on the specific circumstances, the relevant laws, and the available evidence. It can also be an emotionally draining and potentially expensive process.

In all circumstances we recommend that you take advice from a suitably qualified legal professional, such as a solicitor who specializes in estate planning or probate law. While we do not act on behalf of individuals wanting to contest a Will at Savigny, we can recommend specialist solicitors who can help.

In our experience no testator believes their Will is going to be disputed after their passing, but it is impossible to guarantee this, however at Savigny we work hard to ensure all the boxes are ticked so that the Will's we write should not become contested.

For more information and advice about writing a Will or if you have any questions please contact Savigny Will Writers today.