Did you know that Wills can be challenged?



Sheila Valand | Partner


When making a will, a person can leave however much they want of their money, house and other assets to whoever they want. There is no requirement for them to leave it to their spouses, partners or children.

Wills can be challenged in certain circumstances and sometimes the Court is involved and has the final say. The most common circumstances are:

Will not properly made

This is where a will hasn’t been properly signed, or worse still the signature has been forged. On some occasions the will may be written in a language the deceased could not read, or understand, and there is nothing to suggest it was read out in their own language, or explained to them, before signing.

Made under pressure

This is where the deceased was placed under pressure or unreasonably influenced by someone to leave certain people a greater share of their assets or to exclude certain people from the will.

Deceased didn’t have capacity 

This is where the deceased was not of sound mind, perhaps because they were suffering from a particular medical condition such as Dementia or Alzheimer’s at the time, which meant they didn’t understand what they were signing.

Inheritance (Provision for Family and Dependants) Act 1975 

This Act allows certain classes of people to  challenge a will because it did not make a reasonable financial provision for them, such as a spouse or child of the deceased who has been maintained by the deceased, and then is cut out of the will.

All the above areas need specialist solicitors to advise upon as challenging a will is a complex area of the law.

At Josiah Hincks, we can help guide and support you through this process. We have a team of experienced and approachable solicitors, who will work with you in achieving the best result, either via Court proceedings or out of Court settlement.

If you have been affected or know someone that has, or simply want some advice on your entitlement, please get in touch with us.