Will Validity & Disputes

For a will to be legally valid, it must follow specific rules:

• Written Form:The will must be in writing.
• Testator’s Intent:The testator must have intended the document to be their will.
• Properly Witnessed:The testator’s signature must be witnessed by at least two people, who must sign the will and acknowledge the signature in the testator’s presence. Since 31 January 2020, this can also be done via video link.

We will carefully check whether the will was made according to these rules. If there’s any doubt about its validity, we’ll build a strong case to challenge it.

To make a valid will, the person creating it must have what’s known as “testamentary capacity.” This means:

• Understanding the Will: The person making the will (the testator) needs to clearly understand what a will is and what it does. They should be aware that they’re creating a legal document that will determine how their belongings are distributed after they pass away.

• Knowledge of Assets: The testator should have a good grasp of what they own—this means understanding the full extent of their property, savings, and other assets.

• Consideration of Beneficiaries: When making a will, the testator should think about the people who might expect to inherit from them. This includes close family members and others who are important to them.

• Sound Mind: It’s important that the testator is of sound mind when making the will. They shouldn’t be suffering from any mental health issues that could affect their ability to make clear and rational decisions about their estate.

We’ll gather evidence like medical records and expert opinions to show whether the person making the will had the capacity to do so. If there’s any doubt, we’ll help you challenge the will.

It’s important that the person making the will fully understands and agrees with what’s in it. This means:

• Reviewing the Will: They should either read the will or have it read to them.
• Understanding Its Contents: They must comprehend what they are signing, even if they’re unwell or have disabilities.

We’ll investigate whether the person making the will truly understood its contents. If there are any concerns, especially if the will benefits the person who helped create it, we’ll work to challenge it.

Undue influence happens when someone is pressured or coerced into making a will that doesn’t reflect their true wishes:

To prove this, you need to show:

• Evidence of Pressure: There must be proof that the testator was subjected to pressure or coercion that overpowered their true intentions.
• Testator’s Condition: It’s also important to consider the testator’s physical and mental state at the time the Will was created, as this can affect how easily they might have been influenced.

Our team will gather evidence, such as witness statements, to show if the person was pressured into making the will. We’ll help prove that the will doesn’t reflect their true wishes.