Our team acts on behalf of both aggrieved Beneficiaries and Executors trying to protect claims against the Estate. We advise on the legal proofs that must be met in making such applications and the likelihood of its success in Court.
There are a number of common grounds in which a Will can be disputed, including:
Lack of Testamentary Capacity: It may be claimed that the Deceased lacked the mental capacity to make a valid will at the time of signing e.g. if they suffered from a mental illness, such as Dementia. The Testator (person making the will) must understand that they are making a will, what assets they have and the consequences that their instructions in their will would have on their Estate and on their beneficiaries.
Undue Influence: There may be grounds to believe that the Deceased was unduly influenced, if there is evidence that pressure was put on the Deceased by a family member or friend into making a bequest in their will in favour of this same individual.
Spousal Rights: If you are the Deceased’s spouse you will be entitled to a legal right share in your spouse’s Estate regardless of whether or not you were left anything in their
Children’s Rights; If you are a child of the Deceased, you may be entitled to apply for a share in the Deceased’s estate if you feel you have not been properly provided for under the Deceased’s will.