Our Contentious Probate Solicitors can help you with contesting an invalid Will, and can provide immediate legal representation anywhere in England & Wales.
Will disputes often arise where there is a concern that the Will may be invalid. Contesting a Will requires expert legal advice because the Intestacy Rules can be very harsh for people who do not inherit.
The Contentious Probate team at Slater and Gordon Lawyers includes Litigation Solicitors who are Registered Contentious Trust & Probate specialists.
There are strict rules as to how a Will is signed. There must be two witnesses, who are not beneficiaries of the Will, and they should sign the Will in the presence of the person making the Will and each other.
If a person that signed a Will had a disability that may have prevented them from knowing what they were signing, then the Will could be invalid. For example, if a blind person signed a Will then the Will should state explicitly that it was read out loud to the person signing.
Sometimes people write comments onto a Will or cross out people named in it. Occasionally Wills are destroyed by an accident and this may not cause the Will to be invalid, but an expert Contentious Probate Solicitor would need to discuss this situation with you, to help you decide on your best options.
It goes without saying that people who make a Will need to understand what it is they are doing. If you believe that the person who passed away did not or could not have known what they were signing; then it is possible that the Will may be invalid. Evidence will be needed, often in the form of medical records, to prove that this correct.
In English law, signing a document under duress depends on the nature of the relationship between the person signing the Will and the person exerting the pressure. If undue influence can be proven, then the Will can be set aside by an order of the Court.
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