The death of a loved one is an emotional event where feelings can run deep and the sense of loss heightened if a dispute arises over the deceased’s estate. Parties may wish to challenge or defend a will for many different reasons.
The most common reasons for challenging a Will may be:
1. If the Will did not accurately reflect the wishes of the deceased
2. A Will which excluded an intended beneficiary from an inheritance
3. A Will that did not make provision for the needs of a dependant of the deceased
4. If a Will was not properly prepared, signed or witnessed before death
5. If an executor or administrator has failed to handle the estate properly
6. Did the deceased have the sufficient legal capacity to make the Will
a. Where they of sound mind, understanding and memory at the time when the Will was made?
b. Where there any medical problems at the time?
7. Was the deceased influenced to make a Will while in a vulnerable condition?
The onset of age related conditions such a Dementia, Parkinsons disease, Alzheimers disease and other conditions that can result in confusion and memory loss. Do you believe the deceased has been taken advantage of by another?
8. Did the deceased intend this document to be a Will?
9. Was this the last Will? Are there any later Wills? Do you know of other Wills – perhaps dealing with property abroad?
10. Is there a suspicion this Will may have been revoked?
11. Has a financial contribution for property or asset of the deceased been overlooked in a Will, i.e. has the property been wholly left to someone else when you have contributed to its purchase.
12. Have promises that you have financially relied upon been made and not reflected in a Will?
13. Do you think the Will writer misinterpreted the true intentions of the deceased?
14. Is the Will poorly drafted so to misinterpret the true beneficiaries?
15. Did the Will writer ensure the property bequeathed was owned by deceased if not the Will writer maybe negligent?
Please contact Gurpreet Reehal on 020 8866 6464 or by email on Gurpreet@sethi.co.uk who shall be pleased to discuss your matter with you.