Contentious Wills & Estates
Dealing with the death of a loved one is a traumatic and distressing experience. Unfortunately, issues can sometimes arise about the will, or the way their affairs are to be handled, and which require sensitive handling.
Wills can be challenged in a number of ways, with reasons including lack of necessary understanding, undue pressure, neglect of reasonable provision for dependents and mistakes in the Will. Disputes can also arise where there is not enough money to pay all of the gifts mentioned in the Will or if beneficiaries of the Will do not think that those administering the estate are doing their job properly.
Why Can A Will be Challenged?
Reasons for a Will to be challenged include:
If the person did not have the necessary understanding to make a Will or did not know what they were signing;
If they only did so as a result of undue pressure put upon them and you suspect that the Will does not truly reflect their wishes;
If they had an obligation to maintain someone else (for example, a child) and did not make adequate and reasonable provision for them in their Will; and
If there is a mistake in the Will that needs to be rectified or an ambiguity that needs to be resolved.