Challenges to Wills

A Law society study has indicated that 1 in 4 estates will likely be challenged. If a will you have prepared is disputed you may be asked to disclose information about the circumstances surrounding its preparation and execution.

The most common challenges to a Will are:-

• Did the client have testamentary capacity when they made the Will?
• Validity- was the will executed in accordance with the s.9 Wills Act 1837?
• Did the client have knowledge and approval of their Will?

This session is designed to talk through the common challenges to wills, considering case law, larke v nugus requests and responding to the same, and legislation surrounding this area. We will also consider practical tips to assist in protecting yourself and your firm against challenges in the future and practical will drafting.

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Learning objectives:

• Challenges to Wills
• Up to date case law
• Larke v Nugus requests
• Responding to a challenge
• Who should act in a dispute
• Practical tips and guidance to protect you against claims