A Will is an official legal document and therefore particular rules must be followed to ensure that it is valid.
Often, it is not apparent that a will is invalid until the person whose estate it relates to dies, particular where a Will has been made at home, and without legal advice.
A Will (or parts of it) may be considered invalid if the person making it:
- Was not of sound mind, memory or understanding
- Was put under undue pressure to leave assets to specific individuals; or
- Did not sign or have it witnessed properly.
An invalid Will may be rectified by courts. However, if a family member challenges the rectification, this can lead to a lengthy and costly dispute.
Our Inheritance and Estates Dispute team will explain the processes involved in clear, unambiguous terms and guide you towards resolution.
We have extensive experience in challenging the validity of a Will. When instructed, our first step is to consider why the Will may be invalid before advising you on the best way to proceed.