I Think a Will is Invalid. What Should I Do?

Squiggle Support Team

Last Update 2 months ago


INTRODUCTION

In estate planning, a Will is regarded as the central document that reflects somebody's wishes when they pass away.


However, sometimes people question the validity of a Will. There are often several valid reasons for this, such as how the circumstances surrounding the writing of the Will are questionable, how the Will is being executed, or the fact that it doesn't reflect the deceased individual's true intentions.


Whatever the reason, you must understand your rights as a Beneficiary and the course of action you can take if you question the Will's validity. This article explores those rights and courses of action.




GROUNDS FOR CONTESTING A WILL

You may have grounds to contest a Will if you think the document is invalid. Here are some of the more common reasons for contesting a Will under the Inheritance Act:


  • You've been unexpectedly left out of the Will
  • The Will was not properly signed or witnessed
  • You have potential concerns about the deceased individual's capacity at the time they drew up the Will
  • You suspect a third party may have influenced the deceased individual in an improper or unethical manner
  • You have reason to believe the Will was forged
  • You have been left with less than you initially expected
  • You were financially dependent on the deceased individual (and weren't adequately provided for in the Will)
  • The deceased individual promised you something before they died, but that "something" was not included in the Will




WHEN CONTESTING A WILL, TIMESCALES ARE IMPORTANT

If you wish to contest a Will, then it's best you reach out to us as soon as possible.


Each case is different, and the timescales for certain claims can be relatively short. So you must respond swiftly so as not to lose your right to claim.


Critical Factors:

Here's what you will need to consider:


  • The type of claim will dictate the timescale.
  • If you make a claim under the Inheritance (Provision for Family and Dependents) Act 1975, you must trigger your claim within six months of probate being granted.
  • If the six-month window has elapsed, you may need to seek the court's permission to make your claim.
  • In cases where you're disputing the validity of a Will, then no statutory time limit for making a claim applies.




SEEKING A RESOLUTION OUTSIDE OF COURT

You can often resolve claims or disputes against an estate out of court by using mediation.


This avenue is often less aggressive and can save time and money compared to court intervention.




Need to know more or you’d like to discuss your options?

If you believe a will is invalid or have been inadequately provided for, reach out to us immediately. Each case is unique, and specific claims have strict deadlines, making it essential to seek professional advice without delay.


Simply book a callback.


Alternatively, call us on 01233 659 796.


Or use this contact form to reach out to us.

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