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How to Make Your Will Challenge Successful

Reasons to choose Wilson Browne

Being successful in a Will challenge means that you clearly have grounds for challenging the Will in the first place.

If you act without the evidence you need when contesting a Will, then you may end up facing mounting legal costs for something you shouldn’t have started in the first place.

It’s important to know as much as possible about certain aspects of the Will and the person who made it, before you proceed further.

Be Clear Headed About It

Wills can be emotive things, but it is important that you look at the whole issue of contesting a Will with as clear a head as possible.

If emotions cloud your judgement, you could end up acting recklessly so consider the following first:

  • What happens if you are successful in challenging a Will? If a previous Will did not provide for you either then you will be in the same position
  • What are your chances of winning by challenging the Will successfully without going to trial?
  • What would winning look like? Is it a certain proportion of the estate, or all of it?
  • How much is it likely to cost you to get to this point?
  • How much would you benefit financially if you contested the Will successfully?
  • What would you need to pay the other side to get them to abandon a counter challenge?
  • What are your overall chances of success?

Are Your Reasons for Contesting the Will Strong Enough?

There have to be clear legal grounds for contesting a Will. You need to make sure your challenge meets them, if you are to be successful.

  • Did the will maker lack testamentary capacity when making the Will?
  • Was there a lack of knowledge and approval of the Will?
  • Is the Will fraudulent or forged?
  • Has it not been executed correctly so that it can be found to be invalid?
  • Does it contain errors which need to be corrected?
  • Has the deceased made the Will under undue influence?

What Counter Arguments Can You Expect?

In bringing a claim to challenge the validity of a Will you will face counter arguments. These defences seek to argue against the position you are taking. For example, that the Will maker was of sound mind and that they knew what they were doing when they made the Will.

There is also the potential for counter arguments to focus on what you would stand to gain from challenging the Will.

This is why it is so vital that any challenge contesting a Will clearly demonstrates valid legal reasons for contesting it and that you consider what you would gain if you were successful and also what you might lose if your challenge fails…

How Do You Cover All the Bases in Contesting a Will?

Successfully challenging a Will is about understanding the potential risks and gains, and understanding that you have good grounds for making the challenge.

It also requires sound legal advice and depth of knowledge to support your actions.

Your side will need to have a good understanding of the deceased’s financial affairs and both physical and mental health at the time they made the Will.

You need a record of anything the deceased said to anyone about the Will you are challenging after it was prepared and executed.

Also, you need to have a clear knowledge of the deceased’s relations with their family and any other beneficiaries around the same time.