Can a Will prepared by a Solicitor be challenged?

Any Will can be challenged, generally in the following ways:

  • It was improperly executed and therefore invalid.
  • The Testator did not have mental capacity allowing him/her to understand what they were doing.
  • The Will although valid does not provide adequately for someone entitled to claim, for example a child of the deceased.

A Will prepared by a Solicitor should stand a much better chance of surviving any of these potential attacks:

  • Where a Solicitor supervises execution there should be no argument on the validity of the process.
  • A Solicitor preparing a Will must carefully assess the capacity of the Testator, make notes of their findings, and obtain medical evidence where necessary.
  • As part of the process the Solicitor will advise the Testator about the possibility of claims, and on strategies to prevent these.

Don’t put if off any longer, give us a call today and arrange an appointment with one of our Will specialists.

 

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