How do I contest, dispute, and challenge a will and estate that I was left out of? For instance, my father left his money to his unmarried partner and left me out of his will, or my mother left more money to my sister than to me.
The court will provide you with a grant of probate if the executor appeals in the following four scenarios:
There are four ways to contest a will of a deceased. In the legal advice from our solicitor, these are the following ways you can claim back your inheritance:
Fraud or forgery
The first is to show that the person who wrote the will did not, in fact, sign it (there was forgery) or that the individual was duped into signing the will through some type of fraud. In this case, the next of kin may contest the will as soon as possible.
A lack of ability
The second is to demonstrate that the testator or beneficiary lacked the mental capacity to comprehend what they were doing when they wrote the will. In this case, you can seek legal advice from our solicitor and may still inherit the will you were unreasonably left out of.
Weakness combined with influence
The third is to demonstrate that the person who wrote the will was somehow mentally or physically weak, and that person’s incapacity was exploited by someone who persuaded them to distribute their certificate and will in that manner.
Trust combined with influence
The fourth step is to demonstrate that someone who had a position of trust utilised it to sway the will writer’s actions.
These are the four procedures where you may be able to contest, dispute, and challenge a will if you have been left out.
What occurs if I invalidate a will?
You ought to consider what would occur if you successfully contested the will. If there is no will, the estate may be distributed according to the dictates of the law. The decision might not be in your favour, and it might even distribute assets to family you’d rather not see gain from them.
What claims do spouses and children have in relation to a will?
No matter what the will states, you might be entitled to their assets if the deceased was your husband, civil partner, or parent. You ought to consider that as a possibility to distribute the estate and speak to your power of attorney to know the details. This only pertains to Scotland and not England or Wales, so please be aware of that.
Know your legal rights
In both our conflict resolution and personal and family teams at Simplicity Legal, we have top-rated solicitors who have expertise counselling clients on these issues. If you believe we can be of assistance to you, kindly contact us by leaving your email address or ringing us!