Contesting a Will – When something is just not right…

It is a sad fact of life that most of us do not make Wills when we are young and in the best of health.  Many people wait for later life and sometimes the onset of a life-threatening illness before finally making plans for what happens with their property when they are no longer around.  Unlike other countries, there are no forced rules about heirship in England and Wales. Anyone can leave their property to anyone – whether they are a close relative or not.

As a direct consequence, those who make Wills in later life are potentially in a more vulnerable position.  This can mean that Wills contain some provisions which seem, to their nearest and dearest, to be odd.  Lifelong promises of gifts may have been forgotten and sometimes close relatives can be completely omitted from a Will.  Those left out are left with a distinct sense of injustice at a very emotional time.

Fortunately, the law allows Wills to be challenged by those who feel that insufficient provision has been made for them or if they believe that the deceased may have entered into the Will as a result of undue influence from another.  Alternatively, the Will may simply be invalid if it does not comply with the terms of the Wills Act of 1837.  Sadly some Wills, many homemade Wills in particular, may not comply with the requirements necessary to give the Will validity.

If you have lost a loved one and feel that their Will does not match their wishes or has left you insufficient provision from their estate,  Adam Penn at Four Oaks Legal Services can help decide whether you have a potential claim against the estate.  Adam will provide down to earth, common sense advice tailored to your situation and needs.  If you would like to speak to Adam, please call him on 01543 440308 or email