Disputes can arise where:
- A dependant has not been sufficiently provided for;
- The validity of the will is questioned; or
- There is a challenge to the mental capacity of the deceased person at the
time they made the will.
Provisions for dependants are usually dealt with under the Inheritance
(Provision for Family and Dependants) Act 1975 which gives certain family
members who were dependent upon the deceased at the time of death an automatic
right to challenge the will.
Challenges will also occur when it is alleged that the will was signed
incorrectly, or that the deceased was under the influence of another person at
the time that they entered into the will or that they were not capable of
understanding the terms of the will, usually through mental or physical
incapability.
We work together with our Litigation Department to provide you with
comprehensive advice on both probate law and court procedure assisting you in
either challenging or defending a challenge to the will.
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