Contesting A Will
Challenging a Will can introduce uncertainty during an already challenging period, and it’s a subject that often generates considerable confusion.
The legal system places emphasis on honouring the desires of the deceased individual, even if these wishes don’t align with what family and acquaintances anticipate.
If there’s suspicion that a Will fails to accurately represent the true intentions of the individual crafting the Will (referred to as the ‘testator’), if the testator may have lost capacity or if the Will hasn’t been executed correctly, it might be considered void and open to challenge.
In instances where no Will exists or the sole existing Will is deemed invalid, the estate (comprising assets, property and belongings of the deceased) will be divided following the rules of intestacy. In certain circumstances, a previous Will might apply.
If you believe you have grounds to contest a Will, we advise you to seek expert legal advice early on.
To request legal advice on contesting a Will, please contact Lewis Hastie.
