Challenging a Will

A will must meet specific criteria and be properly executed to be valid. If it fails to do so, it may be open to challenge.

Grounds for Challenging a Will

When someone creates their will, they must:

• Have testamentary capacity: The mental capacity to understand the nature of making a will.
• Be free from undue influence: There must not be any pressure or coercion by a third-party into the creation of the will or its contents.
• Know and approve the content: The person writing the will must fully understand it and agree with its terms.

These issues are particularly relevant where the person making the will (the testator) has a physical or mental impairment, or difficulties with hearing, sight, or speech, which could affect their ability to communicate or understand the document. If these criteria are not met, the will may be invalid.

In addition to these factors, a valid will must be:

• Voluntary
• In writing
• Signed by the testator
• Signed in the presence of two witnesses, who must also sign the will

How Napthens Can Help

Our team are highly experienced in dealing with will disputes and offer a supportive, sensitive approach tailored to your circumstances.

We’ll provide a clear, honest evaluation of your situation and help you decide on the best course of action.

To get in touch, use our contact form to speak with an expert.

Watch Our Podcast on Challenging a Will