It is sometimes the case that the Will of someone who has passed away causes serious and justifiable distress and discontent among those who are left behind. We have very considerable experience in representing clients who have found themselves in this position. On behalf of a wide range of clients, we have been involved in disputed Probate cases and in High Court challenges to the Wills and estate distribution generally. If you feel aggrieved at the content of such a Will, or if you have concerns about the circumstances in which such a Will has come about, please contact us immediately for advice.
The court may also set aside a will if the Deceased’s condition meant that they were not competent to make a will and/or they may not have understood or approved its terms. This is particularly so if the will was made shortly before death.
A will must reflect the free informed wishes of the Deceased. If someone bullied or tricked them into making a will (or changing their existing will) in terms that did not reflect their true wishes, the court may set it aside.
The court will be prepared to correct an obvious mistake in some cases.