One of the basic rules of English Inheritance Law that each person is open to leave their assets to whomever they choose.

However, a Will may be challenged on one of the following four grounds:

1. Lack of testamentary capacity: To make a valid Will, a person must be over 18 and have the requisite mental capacity when they signed the Will. The second of these considerations is particularly important to consider where the Testator was elderly or infirm.
2. Lack of knowledge and approval: It is vital that not only does the Testator know and understand that they are making a Will, but also that they are making this particular Will.
3. Failure to correctly execute the will: There are certain legal formalities which must be complied with when a Will is executed. If any of the requisite legal conditions are not fulfilled the Will will be invalid and therefore useless.
4. Undue influence, fraud and mistake: A will may be invalid through undue influence if the testator’s freedom of choice was overcome by intolerable pressure or if the testator was subjected to duress. This category also covers instances where you think the testator made his will (or part of it) as a result of fraud i.e after being misled by some pretence and/or mistake.

In addition, under the Inheritance (Provision for Family and Dependants) Act 1975 it is still possible for certain categories of people to make a claim for ‘reasonable financial provision’ from the estate of a deceased person, whether there is a valid Will or not.

Clarkson Wright & Jakes have a team of lawyers dedicated to dealing with claims over the validity of a Will and who should inherit what part of an Estate. Whether you are asserting or defending a claim we can help. For more information or to discuss a potential claim email andrew.wood@cwj.co.uk or call Andrew Wood on 01689 887815.