Challenging a will

Challenging a will is never easy, with several recent decisions involving charitable legacies simply confirming the right of a person to leave their money to whom they like.

Proving undue influence or lack of mental capacity is rarely successful, and it can be extremely expensive and time consuming. Mediation should normally be tried before resorting to the court.

Neither route is helped of course by the main witness being dead. A spouse, civil partner or close relative can claim for reasonable financial provision. But adult children who are financially secure will struggle to succeed with a financial provision claim.

This newsletter is for general information only and is not intended to be advice to any specific person. You are recommended to seek competent professional advice before taking or refraining from taking any action on the basis of the contents of this publication. The newsletter represents our understanding of law and HM Revenue & Customs practice as at 2 May 2017.

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