Legal Advice on Will Disputes

Dealing with the death of a loved one can be an emotional time, and disputes often arise when someone feels they were wrongly excluded from a will or given a smaller inheritance than they expected. Legal Advice on Will Disputes is important to seek specialist legal advice before deciding whether or not to challenge a will, as it is essential that you have the right standing and grounds to do so.

How do you resolve Will disputes?

In some cases, a person can successfully challenge a will by arguing that the testator was under undue influence or coercion when making it. This can include pressure from a trusted relationship or from financial abuse (which can take many forms) and must be proven with strong evidence. It can also be argued that the testator did not have the mental capacity to make a will or change existing ones. This can be based on age, physical or mental illness or other factors such as dementia, but it must be supported by solid medical and psychological evidence.

A will can also be contested if the testator did not properly revoke earlier documents or did not keep a clear and updated set of records. This includes failure to date and sign a new will, or to number pages which can easily become misplaced, and the testator did not clearly state that it is intended to supersede previous wills or codicils. For this reason, it is vital that you discuss any plans for your estate with your family and friends while you are alive, so that if there are any disagreements it can be resolved before the problem becomes a dispute in court.