Why Would You Contest a Will?
Circumstances that may lead to the loss of life are difficult to comprehend or, sometimes, accept. A thorough will provides clarity and direction in times of mourning, instructions related to estate, property, finance and last wish fulfilment are left to ensure closure for friends and family. Organising a detailed will is crucial but in most cases, unforeseen errors can affect you and your family personally and cause disputes between loved ones.
Reasons for Contesting a Will
A will may be contested for numerous viable reasons and with the aid of a trusted solicitor, the details can be revisited. For example, there are often incidents where individuals are completely omitted from a will despite their close relations or legal ties with the departed. This can be caused by a simple mistake, incomplete documentation, invalidity or, in serious cases, unlawful tampering and forgery.
Validity can be put into question based on whether or not the departed was in full possession of their faculties when the will was made. Evidence of mental issues and outside influence by untrustworthy individuals are often adequate grounds for a will to be contested. Wills may also be rendered invalid by an improper signature, lack of a signing witness or undisclosed information to the will-maker. Any one of these reasons will likely lead to disputes but one of the most serious causes that can invalidate a will is a forgery.
If there is good reason to suspect forgery then you and your solicitor may need to alert the authorities. Activities that involve destroying, replacing or forging legal documents are criminal offences and should be addressed immediately before your rightfully inherited assets are stolen. This illegal activity can often be identified by an error in signature, unconfirmed filing dates and details of the will that are inconsistent with the departed’s wishes.
Wills can often be left invalid due to carelessness with documentation and signatures. The will-maker may have neglected to sign an important detail of the legal agreement by accident or there may be a clause that was overlooked and never discussed. In some cases, wills that refer to overseas properties can be ineffectual without the country’s corresponding documents and family holiday homes may become more difficult to inherit.
If you received less than what you were promised by the departed then you may be able to contest the will, so long as there are witnesses and confirmation that the will-maker was sound of mind and uninfluenced. Any agreement that can be referred to but is not present in writing may invalidate the will and claims can be made through proprietary estoppel, the inheritance act and professional negligence.
Find Will Writers in Leeds
For cases that require professional legal support, visit Whiterose Blackmans Solicitors LLP. Based in Leeds, our dedicated team of solicitors are here to oversee any case related to family, divorce, criminal defence, immigration, claims, civil litigation, commercial litigation and, of course, wills and probate. For further information on wills solicitors in Leeds, please contact us by phone (0113 2165507), email or visit us on Facebook, Twitter and LinkedIn. Also, remember to read our reviews at Review Solicitors.
Our wills and probate services include:
- Preparation Of Wills, Trusts & Deeds
- UK & International Probate
- Court of Protection Applications
- Applications to the High Court
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975.
- Reviewing and Amending Existing Wills
- Executorship Disputes
- Challenges to Wills
- Interpretation of Wills
- Lasting Powers Of Attorney (LPA)
- Claims on behalf of beneficiaries
- Inheritance Tax Planning
Why should you make a will?
There are many reasons why making a Will is important and ensuring it is up-to-date. These include:
- -If your financial situation changes significantly
- -If your circumstances change for example you get married, become a parents or get divorced
- -Where you want to find ways to protect assets from inheritance tax through creating of trusts etc.
- -If you need to make provision for a vulnerable relative
- -To ensure that your estate is divided according to your wishes
Get in touch to discuss your Will
Our solicitors in Leeds are on hand to help you with changing your existing will or creating a new will, probate and estate and tax planning. Contact us today.