Invalid Wills

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The validity of a Will has an impact on whether or not an estate can be distributed in accordance to its contents. In some cases, you may need to dispute a Will if you are alarmed about its validity and in this instance, services from Forbes Solicitors can be of assistance. Our specialist Dispute Resolution team are experienced in this complex legal area, providing the level of legal support required to meet your needs.

What is an Invalid Will?

An invalid Will usually surfaces after the death of an individual, causing additional issues for those who are going through the grieving process. The invalidity of a Will can also cause family feuds and problems before the estate is distributed; especially if someone disagrees with the contents of the Will.

There are a number of reasons why a Will can be void, such as:

  • The signature is invalid – two witnesses are required to be present when a Will is signed
  • A person has made a Will without fully understanding what it is they're signing – if a person is 'not of sound mind' or 'lacks mental capacity' when they sign a Will, it may be invalid
  • The Will is lost, damaged or has been tampered with – if any changes are made to a Will, or if it has been accidentally lost or damaged, it's essential you seek legal advice in order to establish whether it is still valid
  • A person has been forced or pressured to make a Will – taking into account the relationships of the parties involved and if evidence of exerting pressure can be proven, the Will may become invalid

Can an invalid Will be corrected?

The Court is able to correct or amend a Will if an application is submitted outlining the known problems. However, depending on the nature of the case and feelings towards the Will, a dispute claim may be raised against it. It's recommended that you seek legal support if you are raising a dispute against a Will in order to ensure you are fairly represented and get the end result you're hoping for.

How Forbes Solicitors can help you

At Forbes Solicitors, we have a dedicated team of Dispute Resolution solicitors who can provide you with expert legal advice if you are concerned about an invalid Will or have a contesting a will claim. We understand this may be a sensitive time for all involved, which is why we're committed to ensuring the process is as straightforward as possible.

If you are worried about whether a Will is invalid, don't hesitate to get in touch with Forbes Solicitors using our online form or by calling 0800 689 3206.

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