News & Updates from Swift Legal

Contesting Wills

by Judica Swift on March 18, 2014 Comments Off on Contesting Wills
  • Can anyone contest my Will?
  •   Can I stop someone contesting my Will?
  •   What do I need to know?

Not just anyone can contest your will, but each situation needs to be considered carefully. The law allows a certain category of people to contest a Will when they’ve been left out of or left little in a Will.  The law only provides this opportunity in some circumstances.  The category of people entitled to bring this kind of claim against someone’s estate, are:

  •   Spouses
  •   Children
  •   Dependents

A spouse, child or dependent of a deceased person who is left little or nothing in someone’s will, is entitled to bring a claim. However if someone contests a Will, a variety of things need to be considered, for example:

  •   Their financial situation
  •   Their health
  •   Their relationship with the deceased
  •   The size of the deceased’s estate

Whilst you cannot avoid this type of risk simply by writing it in your Will that no one can contest your Will, there may be other options to consider.

The best way to manage the risk of this happening to you is to get the right advice and get it now.  Too many times, we see people getting “stuck” in situations that may have been avoidable.

It is important to obtain legal advice about your situation and circumstances when preparing your Will or thinking about contesting a Will.  Each case is different.

If you have questions, please contact one of our Solicitors today.  Contact details can be found here.

Judica SwiftContesting Wills