Contested Wills & Inheritance Disputes

At Owen Kenny Solicitors, we offer sympathetic handling of disputes concerning Wills and Inheritance. We realise how distressing such matters can be, over and above your personal and emotional loss. Seek advice with us about something that’s troubling you by contacting our dedicated team, led by experienced Solicitor, Mr Paul Fleming, on 01243 532777.
It is possible to challenge the validity of a Will on a number of grounds. Most disputes about validity centre on ‘mental capacity’ but others are about ‘undue influence’ which may include allegations of duress or coercion. There are two other, much less common, grounds for a challenge. Cases can involve more than one of these grounds. Homemade Wills, especially those that don’t see the light of day until after the Deceased has died, are more likely to be challenged for validity than those prepared by solicitors.

VALIDITY OF A WILL

The validity of a Will is confirmed (or ‘proved’) when it is seen by the Probate Registry of the High Court and the Probate Registry issues a Grant of Probate. This is called ‘Probate in Common Form’ and is by far the most common way. A Will that is challenged as to its validity will be more closely scrutinised by the Chancery Division of the High Court, and the Court will require evidence from the parties to support what they are each saying, before making its decision on validity. This is called ‘Probate in Solemn Form’.

The validity of a Will can be disputed on several grounds; the main grounds being “Mental Capacity”, “Undue Influence”, “Want of Knowledge or Approval”, “Non-Compliance with Law or Statutory Requirements”, “Disputing the Interpretation of the Will or specific terms”, “Inheritance Act Claims”.

Tel: 01243 532777
Email: info@owenkenny.co.uk

CONTESTED WILLS & INHERITANCE DISPUTES

BROCHURE

Download our PDF version now

This informative guide covers all the main issues and allows you to make an informed and educated decision based on your own individual circumstances.

Guide includes:
* A useful glossary
* How a Will can be contested
* How Wills can be interpreted differently
* How someone can claim from a Deceased’s estate by way of The Inheritance Act 1975