Carter Lemon Camerons’ Private Client team can assist clients of all shapes and sizes who wish to challenge a Will, or believe that they may have grounds to contest a Will.

Our contentious probate solicitors can advise on both protecting and challenging a Will, including all kinds of Inheritance Act Claims under the Inheritance Act 1975.

Information on Protecting a Will

Protecting a Will

Freedom of testamentary disposition is a key principle of English succession law. If you are of sound mind, understand what you are signing, and do so without influence or duress, you can dispose of your estate as you wish.

However, the Inheritance (Provision for Family & Dependants) Act 1975 allows certain protected persons to contest a will if it fails to provide reasonable provision.

This includes surviving spouses, former spouses, children, those treated as children, dependants maintained by the deceased, and partners who lived together for two years before the death.

Surviving spouse claims generally reflect what might have been awarded in divorce, while others seek reasonable maintenance. There are many reasons why someone may contest a will.

To safeguard your Will, engage an experienced contentious probate solicitor to draft it, ensuring they keep detailed notes of your discussions and store it in a secure place.

So, can you ensure that your Will is not going to be subject to challenge after your death?

First and foremost, a Will must meet a number of requirements. To help prevent your Will from being contested:

  • Ensure the Will is signed in the presence of two witnesses, who must be together at the same time.
  • Those taking instructions should assess your mental capacity and seek a second opinion if needed.
  • Include a statement in or alongside the Will explaining its provisions and addressing any lack of provision for specific beneficiaries. This can aid in defending against claims under the Inheritance Act 1975.
  • Be aware that rising estate values may incentivise challenges, and issues like forgery or the destruction of unfavourable Wills can complicate matters.

These steps can enhance the validity of your Will and reduce the risk of disputes.

Information on Challenging a Will

Experience of how Wills should be drawn up and applied also provides a basis for knowing when and how to contest or challenge a Will.

If you expect to inherit but are unexpectedly excluded, others may have unduly influenced the estate distribution.

Wills executed late in life can raise the Court’s suspicions, especially if circumstances suggest coercion or misinformation.

If you fall under the Inheritance Act 1975 and believe reasonable provision hasn’t been made for you, it’s worth considering a claim.

Most cases settle before trial, so don’t hesitate to consult a probate solicitor for advice on challenging a Will.

How we can help

Carter Lemon Camerons LLP Solicitors is a City law firm which provides Wills and probate services with a personal touch to its clients – that go beyond the simple drafting of documents.

Unlike many City firms, we handle smaller private legal matters with the same care as larger commercial cases.

For advice on Wills, estate planning, contesting a Will, or claims under the Inheritance Act 1975, please contact Ian WestCheryl ThompsonPami Akthar or Michael Woodward.