Challenging a Will Solicitors in Fareham

The death of a loved one will be a life changing experience, not just emotionally but also if you have been financially dependent on them. It can then be even more of a shock if you have not been provided for in their Will.

In this situation, you may wish to contest the Will. There are many reasons why you may wish to do this, including:

You believe the person did not have mental capacity to make a Will at the time that they did. In order for a Will to be valid, the person must be of sound mind, understand what they are doing and the consequences of their decision, and have an appreciation of the value of their estate.
The Will was not drawn up correctly, or was not signed by appropriate witnesses.
The deceased made verbal promises to you during their lifetime which they have not honoured.
There has been a breach of trust between the beneficiaries.
You believe there has been a forgery of the Will or the signature.

No matter the reason, you will be looking for an experienced Solicitor who can explain whether you have a claim and the likelihood of success, all with understanding and offering practical advice tailored for you. Our Disputed Estates Solicitors in Fareham can provide this.

Who can make a claim against a Will?

There are only certain people who can make a claim against a Will under the Inheritance Provision for Family And Dependents Act 1975, including:

A spouse or civil partner.
A former spouse or civil partner, as long as they have not remarried or entered into a new civil partnership. There must also be no Court order made at the time of their separation or divorce that specifically withdraws their right to bring a claim.
A child of the deceased.
A person treated as a child of the deceased as a result of the marriage or civil partnership, for example adopted children, as well as those conceived but not yet born at the time of death. Stepchildren are not eligible to bring a claim, unless they were adopted by the deceased.
A person who immediately before death was being financially supported by the deceased.
A person who was cohabiting with the deceased for at least two years immediately before their death.

In order to bring a claim against the Will, ordinarily this must be done before the Executors of the estate have been granted probate and they have begun to distribute the estate according to the Will. There are exceptions, for example if you believe the Will or signatures are fraudulent; however we would always recommend raising a claim as soon as possible.

We appreciate that every family dynamic is different and so will review your particular circumstances and establish the basis for a claim. We will explain this complicated process to you and will answer your questions in as much or little detail as you require, meaning you will leave feeling reassured and confident in making a claim, if that is the path you choose.