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Preventing a challenge to my Will…

2 March 2018

challenge to a will

Your Will can be challenged with the aim of achieving a different outcome than that which is expressed in the Will.

Challenging a Will is a sensitive issue for both family and friends at what is already a difficult time.  Although a Will can be challenged there is no guarantee that this will be successful.

What are the grounds for challenging a Will?

A Will can be challenged for one or more of the following reasons:

  1. Lack of formalities.  In essence, the Will was not properly prepared;
  2. Undue influence or fraud against the person who made the Will;
  3. Lack of mental capacity of the person who made the Will;
  4. Lack of knowledge and approval of the Will and it’s effect;
  5. Subsequent cancellation of a Will.

How can I reduce the risk of challenge to my Will?

This is very unlikely to be your first thought when you think about making or updating a Will. However, it is an important factor and just one reason why you should have expert legal advice when either making or updating your Will.

We are frequently asked about the merits of challenging a Will – this is not uncommon.

A lawyer specialising in Wills will take steps when advising you to ensure the risk of a challenge to your Will is reduced in so far as possible. The advice is based on their expertise, experience and information available. They will of course also explain what you need to consider when making a Will, advice on the implications and ensure the Will reflects your intentions for your Estate and benefits your loved ones as you wish.

Next Steps

If you would like to make a Will or discuss amendments to an existing Will then please do not hesitate to contact our specialist team who will be happy to help.  Our telephone number for this purpose is 01270 762 325. Alternatively you can visit our Wills and Probate services page here or complete this form for a call back.

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