Can a Will be challenged?
It is possible, despite having your Will carefully drafted by a solicitor, that your Will may be challenged. A Will can be challenged for many reasons, some include: Lack of mental capacity at the time of making the Will; the Will was made under duress, or most commonly, somebody who asserts that you owed them a moral responsibility to provide for feels that you have not left them a fair share. The Succession Act 1981 provides the guidelines within which a challenge must be mounted. To be able to make claim, they need to provide notice to the Executor of court proceedings within 6 months of the deceased’s death. The only people who can bring a claim are a spouse of the person, a divorced partner who has not remarried, a child of the person, or a dependant as defined under the act. In an application the court will usually look at the size of the estate along with the particular dynamics of the circumstances, which of course, vary from instance to instance.
