Are you thinking of challenging a will?
If you are then you’re certainly not alone. According to recent research the number of challenges over the last past five years has gone up by 700%. There are some theories as to why this might be the case.
A number of factors seem to be at work including:-
- More complex family structures.
- The consequences of living longer and issues of mental capacity.
- The value of property increasing meaning that there is potentially more asset at stake.
What are the grounds for challenging a Will?
There are a number of grounds on which a Will could potentially be challenged including:
- A deathbed gift is not recorded in a Will
- The Deceased may be required to make reasonable financial provision for certain individuals in a Will, but failed to do so
- The Will was made when the Deceased did not have mental capacity
- The Will contains a mistake or ambiguity
- There is evidence of undue influence or even fraud
How to prevent your Will from being challenged
There is no guarantee that any Will you make won’t be open to challenge but the way to reduce risk or challenge to a minimum is to instruct a suitably experienced Solicitor to advise.
At Temple Heelis we have one of the largest most experienced and best qualified Teams of Private Client Solicitors in Cumbria.
For advice on making a Will please contact Mr Jamie Hamilton or Mr Robert Kornas:-
Jamie Hamilton – Tel: 01539 816137, email: jhamilton@templeheelis.co.uk
Robert Kornas – Tel: 01539 816118, email: rkornas@templeheelis.co.uk
If alternatively you are yourselves looking to challenge a Will, or provision for you on the death of a relative or someone who has provided you with financial support then contact Richard Moore or John Sim:-
Richard Moore – Tel: 01539 816416, email: rmoore@templeheelis.co.uk
John Sim – Tel: 01539 816406, email: jsim@templeheelis.co.uk