Contested Wills

A contested will is one which, has had its validity questioned by an interested party or is challenged under the 1975 Act of Family and Dependants. There are many circumstances that can lead to a will being contested. Doubts such as the mental capacity of the will maker, or drastic changes in a will when compared to previous versions. Suspicion can also arise if it is believed that a person was influenced or put under undue pressure when making a will.

There are six possible types of people who can contest a will:

The spouse (wife or husband) of the deceased
A former spouse who has not remarried
A child of the deceased
Anybody who was treated by the deceased as their own child in relation to a marriage. This person is not a child of the deceased
Anybody who was being maintained by the deceased prior to the death who does not fall into any of the above claimant types
Anybody who has been living with the deceased for a period of no less than 2 years prior to the death and has be doing so as a common law spouse. This person cannot be a spouse or former spouse

Drastic changes in a will are however not evidence enough to find that the will is not valid. A number of considerations are taken into account by the courts when considering a will validity, such as the mental state of the person, their previous wills and whether close family or similar have had suitable provisions made for them.

There are procedures in place to ensure that a person whom may be suffering from mental problems such as dementia or other problems. The "court of protection" allows people to be placed 'under watch' by trusted legal entity who ensure that things are done properly.

To find out more about the court of protection and D. M. McLean's Court of protection accredited status please follow the link..

In situations where a claim can be made it is general practice to wait until probate has been granted and after that time there is a period of six months for any claims to be lodged.

If you would like to find out more about instructing D. M. McLean Solicitor in relation to a will being contested or contesting a will then please fill out our contact form, send us an email or contact us by phone.