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Setting Aside a Judgment

Ensuring the validity of a Will

There are simpler grounds to challenge a Will. You can apply to the court for their judgment to be set aside completely by seeing first whether a Will has been properly executed.

Basic mistakes in Wills are becoming much more common due to the increasing prevalence of do-it-yourself Will kits available in supermarkets and on the internet. These are often aimed at people with simple affairs, yet are deeply unsuitable for anyone with complicated finances, an extended family structure or a larger estate.

In order to be valid the Will has to be drawn up correctly. This means that it should be signed by the testator in the presence of two witnesses who also sign the document. Additionally the person who drafts the Will should be independent of its beneficiaries. As many of the elderly get their children to help them with their Wills, if they had a hand in actually drawing it up, it could be challenged.

It can often be the solicitors themselves who are negligent in the making of the Will. Drafting parts of the Will badly so that the wishes of the deceased aren’t discernable or inserting contradictory clauses, failing to reflect the deceased’s wishes accurately or not meeting common legal formalities are examples of this.

Questions to ask when challenging a Will

  • Did the testator intend to make a Will?
  • Was the Will signed and witnessed correctly?
  • Did the testator have legal capacity when making the Will?
  • Did the testator have mental capacity when making the Will?
  • Was it the testator’s last (most recent) Will?
  • Did the testator know and approve of the contents of the Will?
  • Did the testator make the Will of his or her own free will?
  • Is there evidence of fraud?
  • Is there evidence that the Will was revoked?

The challenging of a Will - how a solicitor can help

BusinessmanContesting a will is not something that anyone should have to do but unfortunately it is becoming a more frequent practice due to a number of issues.

The Last Will and Testament

Do we have free will? No, you have to payThe Last Will and Testament is a written document in which an individual leaves instructions on what they wish to be done after they pass away.

Top tips on Will writing

A couple in a state of estate administrationWriting a will is something that everyone will have to consider undertaking at some point in their lives, even those with no valuable possessions.