Personal

Invalid Wills

Our dedicated team of solicitors can provide you with expert legal advice if you are concerned about an invalid will.

We are still available and booking appointments over telephone and video conference

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.

We have a dedicated team of 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.

Additional Information

Fixed Fees for Validity Claims

 

In order to assess the merits of a validity challenge we need to carry out an Initial Case Assessment (ICA) at a fixed cost of £1,000 plus VAT. This includes the cost to:

  • Register a caveat with the Probate Registry.
  • Make enquiries with the Will draftsman about the circumstances surrounding the preparation and execution of the Will.
  • Carry out a full assessment of the information and material gathered.
  • Advise you of the outcome and seek your instructions in relation to any points that arise.
  • Obtain the deceased's medical records and review them.
  • Advise you of the outcome of that review and seek your instructions in relation to any points that arise.
  • Speak with witnesses who knew the deceased who could give evidence about the deceased's cognitive decline and/or whether they were a victim of undue influence. Take a note of their evidence (we will not prepare formal witness statements at this stage).

There will be an additional fee of £600 +VAT to be paid to an expert medical advisor who will review medical records, the Will file and the evidence of witnesses who knew the deceased limited to a maximum of 150 pages and speak with us for 30 minutes by telephone to discuss whether the deceased had capacity to make a Will and/or was someone who was susceptible to being unduly influenced.

We will also ask the deceased's GP to provide us with their view about their testamentary capacity when the deceased gave instructions and executed their Will. The GP may charge for this and, if so, we will pass the GP's charges on to you.

Thereafter, we will decide whether we are able to act under a no win, no fee agreement.

If you're considering challenging a contentious Will, get in touch with our team for more information about the next steps. Call us on 0800 689 3607, request a call back or enquire online.

Contact Us

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Call0800 689 3607

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Contacting Us

Monday to Friday:
09:00 to 17:00

Saturday and Sunday:
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Our dedicated Contesting a Will team

John Lambe

John Lambe

Senior Associate

Contesting a Will

PinLancashire

Call01772 220 235

Tom Howcroft

Tom Howcroft

Senior Associate

Contesting a Will

PinCentral Lancashire

Call0333 207 1130

Kirsty McNulty

Kirsty McNulty

Associate

Contesting a Will

PinPreston

Call01772 220 022

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Contact Us

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Call0800 689 3607

CallRequest a call back

EmailSend us an email

Contacting Us

Monday to Friday: 09:00 to 17:00
Saturday and Sunday: Closed