Contesting & Defending a Will
A person’s will can be contested on a number of grounds, including:
- whether the person making his or her Will had the necessary testamentary capacity
- whether they understood and approved the Will when it was made;
- whether there was any undue influence or coercion when the Will was made;
- whether the signature was forged;
- whether the will was executed correctly.
In addition, disputes can arise which involve a late person’s estate and which relate to the following:
- the interpretation of the terms of a Will or trust;
- disputes between beneficiaries and executors/trustees;
- applications to remove or substitute executors or trustees;
- conduct of the executors/administrators in the handling of the estate.
How can we help?
RJS has experience in handling Will disputes and can guide you through what is often an emotionally difficult time. Will disputes can also be legally complex and therefore it is advisable to obtain good legal advice from the outset. Certain time limits can apply so it is important to make sure advice and any necessary action is taken promptly. We will address what you need to consider and the options available to you if you are thinking of contesting a Will, whether this is in relation to the way that the Will has been made or the way the will is being executed.