McHale & Co. Solicitors Blog

Disinherited and not happy?

“Will”: the very word gives away the problem with challenging the validity of one.  The document represents the will of the testator as to how they wish their estate to be distributed and to whom.

Unfortunately, relatives, loved-ones and friends (for whatever reason) do not always leave to us, what they promised us, what we expected or what we feel as though we may deserve and those who do, receive more.  This can, especially in a family context lead to much unnecessary turmoil and sadness. 

However, just because you have not been included as a beneficiary, or received as a much as you expected, is not the end of the story.  There are several means and grounds upon which a Will can be challenged and declared to be invalid or where an individual has been reliant financially upon the deceased estate they can seek to extract financial provision from it. 

The most common grounds upon which a Will can be challenged are that the testator lacked  capacity to make the Will, was subject to undue influence in respect of understanding in respect of the Will or did not understand the content and meaning of the Will.  Others include whether or not the Will was validly executed or if the solicitors who drafted the Will, did so negligently.

If you were financially dependent upon the testator, it is also possible to bring a claim pursuant to the Inheritance (Provision for Family and Dependents) Act 1975.

The legal tests in challenging a Will can be complex and often require the obtaining and reviewing of many documents, including the testator’s medical records and the file of papers of the solicitor who drafted the Will.  In order to determine whether or not you have a valid claim without risking disturbing the distribution of the Estate, it is important that you seek legal advice at your soonest opportunity. 

At McHale & Co we have extensive experience in respect of claims regarding challenging Wills together with claims pursuant to The Inheritance Act (Provision for Family Independence Act) 1975. 

Our expert solicitors offer a free initial consultation to discuss your case with you in full in order to discuss whether or not it is worth instructing us as this, is of course, is the most important question. 

If you have any queries in respect of disputing a Will or a claim from an Estate, please contact us on 0161 928 3848 or at mch@McHaleandco.co.uk.

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