Will disputes

We represent clients in contested probate proceedings. We advise on all issues relating to the validity of wills and the actions of administrators.

Issues commonly arise in relation to wills. It may be that a will contains a clerical or drafting error meaning it does not give effect to what the will-maker intended. There could be a technical error with the signing or witnessing of the will, meaning it is invalid. The will-maker might not have had time to prepare a will but may have written a note or sent a text message setting out what they wanted to happen to their property if they died. We advise clients in relation to all of these issues. 

We prepare applications to correct a will to carry out the will-maker’s intentions. Where a document purporting to be a will does not comply with the formal requirements under the Wills Act 2007, we draft applications to validate the document as a will so probate can be applied for.

Disputes can arise where there are doubts about the will-maker’s testamentary capacity or where there are concerns the will-maker may have been subject to undue influence. We act for clients bringing and defending claims for probate in these circumstances or to recall the grant of probate on the basis that the will is invalid.

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