Challenging the validity of a will

Sometimes, when a relative or loved one dies, the content of their will can come as a surprise. This could be because they have made gifts of money or property to people you did not expect, or because they have excluded people you thought they would want to provide for. It could also be because they changed their will shortly before they died without telling you.

In certain circumstances, it may be possible for you to challenge the validity of the will and to ask the court to deal with your loved one’s property and possessions in a different way.

When might it be possible to challenge the validity of a will?

You might be able to challenge the validity of a will if:

• the will has not been written legibly
• it was not signed by the deceased, or witnessed at the time by two people
• there is doubt about the mental capacity of the deceased
• it does not follow the wishes of the deceased
• there is concern about pressure or coercion on the deceased
• there is evidence that the will has been forged.

Even if the will is valid, it is possible to request money from the estate of the deceased if you were financially dependent on the deceased and they have failed to make adequate financial provision for you.

What should I do if I think a will may be invalid?

If you think the will may be invalid it is important that you take legal advice as soon as possible, and preferably before permission to begin administering and distributing your loved one’s property and personal belongings has been given to their executors.

If you seek help straightaway we can enter a restriction at the probate registry, which will stop the will being dealt with until your concerns have been investigated and resolved.

The dispute resolution team at Myers & Co Solicitors have a wealth of experience in challenging the validity of wills. Our solicitors can help you determine whether the will of your loved one is legitimate or whether there is anything else you can do if you have not received the legacy you were entitled to. Our wills and probate team can also advise you on how to create your own will in a way that makes it less susceptible to challenge after your death.

Based in Stoke-on-Trent, Staffordshire, our specialist solicitors provide services throughout Staffordshire and Cheshire.  To find out more, contact us on 01782 577000 or email one of our wills and probate solicitors directly.