Contesting a Will

We understand how distressing it can be when the terms of a Will do not reflect expectations, or when disputes arise between beneficiaries and those responsible for administering the estate.

Inheritance disputes are often emotionally charged and legally complex. Where estates are large or involve multiple assets, the issues can become even more complicated. In these situations, having experienced legal professionals on your side is essential.

Reasons to Contest a Will

You may be entitled to contest a Will in a number of situations, including where:

  • You have been left out of the Will
  • You have received less than expected or less than promised
  • You believe the Will is incorrect or unfair

When Is a Will Invalid?

A Will may be legally invalid if:

  • The person making the Will lacked testamentary capacity
  • The Will was made under undue influence
  • The Will was not properly signed or witnessed
  • The Will is believed to be forged or fraudulent

If you are considering contesting a Will, it is important to seek specialist legal advice as early as possible, particularly as strict time limits may apply.

Challenging an Executor of a Will

If you believe the executor of an estate is mismanaging their responsibilities, you may be able to bring a claim against them.

We recognise that this situation can make the bereavement process more difficult. Executors are entrusted with significant responsibilities, including:

  • Collecting the deceased’s assets
  • Preparing accounts of assets and liabilities
  • Paying outstanding debts
  • Distributing the estate in accordance with the Will

This is often a deeply personal role, requiring honesty, care, and transparency.

When Can an Executor Be Challenged?

You may have grounds to challenge an executor if they are:

  • Failing to carry out their duties
  • Distributing asset incorrectly
  • Delaying administration without good reason
  • Acting dishonestly or negligently

In serious cases, the court has the power to remove an executor and appoint a replacement. This may include appointing an independent solicitor to take over the administration of the estate.

When There Is No Will

Dealing with the estate of a loved one who has died without leaving a valid Will can particularly challenging.

When someone dies without a Will, they are said to have died intestate. The rules of intestacy determine who is entitled to inherit. These rules are strict and often do not reflect the deceased’s personal relationships or intentions.

Common Problems With Intestacy

Issues frequently arise where:

  • There are disputes over who should administer the estate
  • A partner, child, or dependant has not been adequately provided for
  • An estranged spouse inherits under the intestacy rules
  • There were verbal promises or understandings not reflected in law

The rules of intestacy make no provision for unmarried couple and do not take into account informal agreements made during the deceased’s lifetime.

Claims Where There Is No Will

Contesting an estate where there is no Will can be difficult, particularly if the estate is large or complex. However, you may still be able to bring a claim if you have been wrongfully excluded or have not received reasonable financial provision.

The NJS Law team can advise you on your rights and guide you through the claims process with clarity and care.

How NJS Law Can Help

Our Contentious Probate Specialist Team at NJS Law has extensive experience handling inheritance and probate disputes, however complex they may be.

We are understanding, sympathetic, and committed to supporting you at every stage of the process.

If you would like to discuss your situation or need further information, please contact NJS Law by phone or email to arrange a free, no obligation consultation.

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