Ensuring the Legitimacy of a Will

The validity of a Will is fundamental in ensuring that the wishes of a deceased individual are honoured and that their loved ones are provided for as intended. However, there are instances where concerns arise regarding the authenticity or proper execution of a Will. At Portway Solicitors, we recently assisted a client in successfully challenging a Will that would have deprived her of her rightful home.

Key Legal Considerations When Doubting a Will’s Validity

A Will must meet strict legal requirements to be considered valid under the Wills Act 1837.

The following are common grounds for challenging a Will:

Lack of Proper Execution – A Will must be signed by the testator/testatrix in the presence of two independent witnesses (over the age of 18), who are not beneficiaries of the Will. The witnesses must also sign the Will in the presence of testator/testatrix. If this procedure is not followed, the Will would be invalid.

Fraud or Forgery – If there is evidence that the Will has been tampered with or fraudulently created, it can be challenged in court.

Lack of Capacity – The testator/testatrix must have been of sound mind when making the Will. If there is evidence to suggest otherwise, such as medical records or witness testimonies, the Will’s validity could be questioned.

Undue Influence – If the testator/testatrix was pressured or coerced into making changes to their Will, this could render it invalid.

Case Study: A Successful Challenge to an Invalid Will

Our client, Mrs. X, approached our firm after discovering that a Grant of Probate had been granted based on her late husband’s Will, according to which he had gifted the family home to some distant relatives. Having lived in the home with her late husband and their son for 29 years, she was deeply concerned about the legitimacy of this document.

Through diligent investigation, we uncovered a significant irregularity in relation to the execution of the Will. One of the witnesses, a doctor, was not in the country on the date he was purported to have witnessed the Will. His written statement confirming this fact provided pivotal evidence in the case.

Legal proceedings were initiated in the High Court to:

Declare the Will invalid for failing to meet the legal requirements.
Set aside the Grant of Probate.
Ensure the estate was administered under the Rules of Intestacy.

Faced with irrefutable evidence, the defendants conceded before trial. Thus the Will was declared invalid and the Grant of Probate was set aside, allowing Mrs. X to remain in her family home. We also successfully recovered the legal costs incurred by Mrs. X in relation to these proceedings.

Concerned About the Validity of a Will? We are here to help.

How We Can Assist You

If you suspect a Will has been fraudulently executed or is legally invalid, seeking immediate legal advice is crucial. At Portway Solicitors, we provide expert guidance on Will Disputes, Estate Administration and Probate Challenges.

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