Have you ever needed to Dispute a will?

by Mike on December 5, 2013

Have you ever needed to Dispute a will?

Having several recent deaths in my family gave me a bit of an eye opener as to how some people can act when their is some inheritance and money involved and even made me consider the need to Dispute a Will. In this case the Will itself was ironclad but there was enough turmoil in the family over possession’s let alone money and some people did some of the strangest things I have ever seen. As an example one of my uncles wore my Grandfathers suit to the same Grandfathers funeral! Who does that!!

Inheritance disputes are emotionally very hard to go through. The loss of a loved one is hard enough without some form of squabbling once they have passed. In this case whilst I didn’t need to the decide to dispute the will I did go through some discussions within my family about the process, who was doing what and should we really do anything about it. I know from first hand how tough and troubling this time can be in one’s life.

Losing a relative is trying both emotionally and financially. These troubles only increase when you feel that the loved one did not provide for you adequately in their will, made mistakes with the decisions they made or other family members are taking liberties now that your relative has passed on.

What reasons could you have for disputing a Will?

There are many different reasons which might make you want to dispute a will. A dispute may start over the validity of the will, or question whether it has inadequate provision. Defending a claim is also part of the will dispute which adds to the chaos.


A Late Claim

A type of inheritance dispute includes the claiming of an estate later than the deadline that had been imposed. Usually inheritance disputes have to be brought within six months, but if there is a good reason for the delay, a will dispute later than six months might be successful as long as the estate hasn’t already been distributed.


The Will Maker Lacked the Capacity

One of the main reasons for disputing a will is the argument that the person who made it did not understand what he or she was doing when they created it. In this case, the question could be posed whether the person who made the will actually had the capacity to make a big decision. This could stem from the fact that the person had a mental illness that prevented them from making an informed decision.

A Fraudulent Will

A fairly common will dispute is the claim that the will maker’s signature was forged in some way. This is not widespread but many cases of fraudulence make their way to the courts each year. This type of dispute can take on bizarre forms with cases of impersonation. People have been known to pose as the will maker and call in an unaware solicitor.


The Procedure Was Invalid

A valid will needs to be in accordance with the Wills Act of 1837. If it is not in the proper form, it could well be deemed as invalid in court. Willclaim Solicitors are well versed in this area, and they know a will must be signed and witnessed by two independent parties. Disputes can often arise from will’s that have been made at home and have not been prepared properly.


***Photo thanks to Ken_Mayer***


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