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Have you been wrongfully omitted from a loved one’s will? This kind of situation can be both emotionally distressful and financially problematic. Perhaps you spent a lot of money giving end-of-life care to the deceased and were counting on an inheritance of some sort to help defray the costs. Alternatively, maybe you were told you would be included in the will and made financial plans according to that information. Either way, if you believe you have a legitimate reason to challenge the will, then your next step is to consult with a will dispute lawyer.
At Blunden & Montgomery Solicitors, we are proud to serve as will dispute solicitors in Liverpool. Our firm has been operating since 1932, and over the years, we have seen all manner of reasons for contesting a will. We would be happy to sit down with you to discuss the validity of your claim. If there is a case to be made, then we can begin to plot a course forward for your dispute.
Do You Have a Claim? Determining Whether You Can Dispute a Will Based on Exclusion
There are numerous reasons to dispute a will. For instance, in a case where the deceased had questionable mental capacity to approve the will at the time it was created, then a family member might launch a dispute based on testamentary capacity. An exclusion dispute, where you challenge a will because you feel you were wrongly left out of the document, is just one type of will dispute.
At Blunden & Montgomery, our will dispute lawyers in Liverpool have handled will disputes of all types, including exclusion disputes. In essence, if you have been left out of a will, you have three basic grounds that you can claim in your challenge. These grounds are as follows:
- You are a family member of the deceased. In this case, you might be able to make a case that you were denied ‘reasonable provision’ in the will.
- You believe the will was made under pressure or undue influence, whether from another family member, a lawyer, a business associate or someone else. Undue influence disputes usually aim to have the will declared invalid, based on the idea that it does not reflect the true intentions or wishes or the deceased.
- You believe the will was not properly written. You might make this claim if you can point to clear errors in the will, or if there are passages in the will where the language is not clear. A dispute based on the belief that there is a more recent will—one that has been lost, misplaced, destroyed or otherwise not brought to probate—would also fall into this category.
If there is language in the will explaining why you were left out, all three of these disputes will be more difficult to make. However, our will dispute lawyers at Blunden & Montgomery are always happy to consult with you and provide legal advice based on the will and your potential challenge.
Learn More about Will Challenges by Sitting Down with Our Will Dispute Lawyers in Liverpool
Ultimately, if you think you have a reason to contest a will based on exclusion, you should at very least consult a lawyer. At Blunden & Montgomery, our will dispute solicitors in Liverpool are available for consultations on this matter. Call us today to get started.