There are never any guarantees that someone will name you as a Beneficiary in their Will. If you were close to the person that has died, you may feel as though you've been left out. This is often the case when the person who has died is your partner or one of your parents. In this situation, there’s a few options available to challenge the Will. The option you choose will depend whether you’re eligible to contest the Will, as well as your reason for challenging it.
Contesting A Will
You can contest a Will if you believe the Will is invalid because:
- the person lacked mental capacity when they made it
- they were influenced by another person to make the Will
- the Will was not properly signed or witnessed
If you believe this is the case, you can ask the Court to make a decision on the validity of a Will. It’s extremely difficult to challenge a Will and you would need to provide evidence to support your claim.
Another reason to contest a Will is if you believe it’s been forged. You may believe someone was pretending to be the person who has died and forged the signature on the Will.
A lot of people are financially dependent on their partner. If this is the case and you've not been provided for in the Will, you may be able to make a claim under the Inheritance Act.
Finally, if the person who has died promised they’d leave you something prior to their death but didn’t include it in their Will, you may be able to contest the Will on the basis that this was missed out.
If you wish to contest a Will, it’s important that you seek legal advice immediately. There are time limits for making certain types of claim so it’s important to act quickly to protect your position. It’s always best to try and resolve matters outside of Court. It's possible for a Will to be varied after death, providing the Beneficiary who is losing out agrees to it.