Main reasons for contesting a Will in the UK

It is becoming increasingly common for Wills to be contested when the testator dies.

There are numerous reasons for this, but it is understood that many of the issues raised during the Probate process could have been avoided if due diligence had been put in the hands of legal experts when the Will was being written. Will writing solicitors in North Wales strive to ensure their clients complete their Will abiding by all laws and embed good practice in all their Will writing activities.

Lack of testamentary capacity is the most common reason for challenging a Will. A recent case, Leonard V Leonard, demonstrated that it is essential that the testator has a full understanding of their financial and familial situation when they are making their Will. If there are doubts about their capacity, the document can be challenged and ultimately the written wishes may be overruled.

Undue influence and coercion are also regularly used when a Will is being contested. These situations arise when it is claimed a testator was threatened into making specific legacies or were isolated from their loved ones, and controlled by an individual who then benefited from the Will. Recent cases have shown that a judge might make a decision on these based on the details of previous Wills, though it has been difficult to prove these types of accusations.

Here at Bennett Smith Solicitors, we can provide the expert advice and guidance you need when you are making your Will, so contact us today to book an appointment.