People are increasingly challenging the contents of a will and are prepared to instigate court proceedings to challenge a will if they thought that the way assets were divided would be inappropriate. This could prove financially damaging for both personal and commercial distribution of assets if a will has not been prepared in a professional manner.
A Will can be challenged on a number of grounds:
• Lack of testamentary capacity
• Lack of valid execution
• Lack of knowledge and approval
• Lack of financial provision
• Undue influence
• Fraud
Challenges on the grounds of undue influence are considered the most common, but also the least successful because of the inherent difficulty of demonstrating that this was the case.
Audley Chaucer are experienced in advising clients in assuring their wishes are clearly defined and secure from challenge, or ensuring beneficiaries receive their intended bequests.
Ian Lake
