Acting on Disputes Over Wills
The division of a loved one’s estate regularly causes disputes amongst families. Peoples’ estates have grown considerably over the years due to the housing market boom and good economy. The net value of individuals has therefore increased, leading to more money for people to argue over.
Due to this, people will challenge Wills as they are disappointed by the division of assets they receive. The basis for challenging a Will can be:
- Lack of proper formalities in the Will (this often occurs when a Will has not been prepared by a professional)
- Lack of testamentary capacity
- Lack of knowledge and approval
- Undue influence and fraud
In order to reduce any disputes over your Will our WTP team propose you look at the following risks that may arise if your Will is not prepared correctly:
Formalities:
- You must sign your Will in the presence of two witnesses
- The witnesses should not be beneficiaries of your Will and should sign in each other’s presence
- If your Will is challenged and found to be invalid then the Intestacy rules will apply and this means your estate may not be distributed in accordance with your wishes
Lack of Capacity:
- This is a growing area due to people growing older and there are now more cases of dementia
- When writing a Will it is important that you understand exactly what you are writing within your Will and how your estate will be divided
- If you are not of sound mind when writing your Will, your Will is not valid
- If you are elderly or seriously ill, then to avoid a claim based on lack of capacity our WTP team will arrange for your Will to be witnessed by your medical practitioner. This will ensure your Will is valid
Undue Influence:
- There has been a rise in Wills being contested in court due to people being influenced by others
- To make a valid Will, you must not be influenced by anyone’s opinions
Fraud or Forgery:
- Fraud invalidates a Will, you must be the person that signs your Will for validation
- Forging a Will can be done by typing or printing the Will as well as forging the signature of both the testator and the witnesses
Our team of Wills, Trusts and Probate Solicitors are experts in the above areas and are able to help you with any enquiries or needs that you have, call us on 0161 926 9969.
