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Losing a loved one is difficult enough as is. Being left out of the will—or getting less than you expected—doesn’t make matters any easier. In situations like this, you might view contesting a will as a potential recourse for resolving your will dispute. The question is, do you have a case? And do you want to risk some of the personal and family issues that can come from challenging a loved one’s supposed last wishes?
Consult a Will Contest Lawyer in Liverpool
The best way to answer the ‘Should I challenge this will?’ question is to consult a lawyer. There are ‘contesting a will’ solicitors in Liverpool who can hear your case, review the will in question, and help you determine whether you have grounds for a successful challenge.
At Blunden & Montgomery Solicitors, we are happy to help you with your potential dispute claim. We can provide knowledgeable and experienced advice based on your situation. After reviewing your case and looking at the will, we will be able to deliver an educated recommendation on whether or not you should pursue the claim. From there, it’s up to you to determine whether you wish to go through with the dispute. However, do note that successfully challenging a will is not easy. If we recommend that you move forward with your dispute, it’s because we think you have a valid case and believe that we can help you argue it effectively in a court of law.
Should You Challenge a Will? Consider These Common Grounds for Dispute
Even before you consult with ‘contesting a will’ solicitors, you might want to look at will challenges in general to get a sense of how strong your case is. There are numerous reasons to challenge a will, and anyone with something to be gained can challenge a will. These challenges or challengers do not all enjoy the same success rates. For instance, disputes made by spouses tend to be the most successful. Here are a few types of will disputes, as well as brief notes about their reasoning and their chances at success:
- Testamentary capacity: This type of claim alleges that the deceased lacked the mental capacity to make or approve the will. Reasons might include dementia or other mental incapacity or the influence of alcohol or drugs. Challenges made based on testamentary capacity tend to be some of the more successful means of contesting a will.
- Fraud or undue influence: A challenge in this category states either that the deceased was blackmailed or otherwise manipulated while making his/her will (undue influence) or that the will in question is a fake or a forgery (fraud). Along with testamentary capacity, will disputes in this category are among the most successful.
- The existence of another will: If there is another version of the will that may be newer than the one brought to probate, then there are very valid grounds for a challenge.
Other reasons to contest a will might include exclusion (especially for family members), a lack of sufficient witnesses to the creation and signing of the will, unclear language in the will itself and more. Claims in any of these categories can be argued successfully. If you want to know whether to contest a will, you should consult with will contest lawyers in Liverpool. Call Blunden & Montgomery today to set up a consultation.