Can my will be challenged and how?
In England and Wales there are several ways in which a Will can be challenged. The success rate of contested Wills varies, depending on the grounds for contesting and is influenced by factors such as the strength of the available evidence.
One example of grounds to contest is lack of testamentary capacity. By claiming the testator (the person making the Will) may not have understand the nature, extent or consequences of document they were signing.
Research shows that the success rate of contesting a Will based on lack of testamentary capacity is as high as 60% when strong evidence is available such as medical records.
In circumstances where there is a risk of a claim being brought against the estate, it can be considered prudent to obtain an independent assessment of testamentary capacity. In the majority of cases an assessment will assist to rebut any claim brought against the estate on the grounds that you did not have testamentary capacity.
To contact Yazmyn Nuttall with your Will enquiry, please email yazmynnuttall@owenkenny.co.uk or call 01243 532777 and ask for Yazmyn.
Written by Yazmyn Nuttall
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