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What You Should Know Before Contesting A Will

Being left out of a Will is dreadful and it happens more often than you think. Receiving an unfair inheritance can come as a shock too.

If you find yourself in such a bad situation, having sound knowledge about contesting the Will can be extremely helpful.

This post will help you learn everything you need to know before contesting a Will.

Grounds for Contesting a Will

In the U.K, the law states that the decedent’s wish in distributing the property must be respected. So, you cannot challenge their Last Will & Testament solely on the fact that you feel their decision is unfair to you.

The following are some of the grounds to contest a Will:

Validity of the Will

The law lays down certain conditions to determine the validity of the Will. Among other things, the Will should be signed by the testator in presence of two witnesses. If there is evidence to show that the Will was not duly executed, you can challenge the validity of the Will.

Lack Of Testamentary Capacity

A Will is challenged on this ground when you have evidence that the Will-maker is not aware of the consequences of the Will, either due to senility or the influence of a substance. Deteriorating mental abilities could be a reason too.

Lack of Knowledge and Approval

This ground applies to situations in which the Will-maker signed the Will without knowing its contents.

Undue Influence

If you can provide evidence that someone forced the Will-maker, either by blackmail or manipulation, you may challenge the Will on this ground.

Rectification

Errors in writing the Will or comprehending the intentions of the Will-maker can be dealt with by contesting the Will on grounds of rectification. 

Forgery and Fraud

Sometimes, a Will may not have been written by the decedent at

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