This blog summarises the Court of Protection’s ability to execute a will on behalf of a person who lacks sufficient capacity to make a will for themselves (referred to as a statutory will).
The person who makes a will is known as a ‘testator’. It is possible to challenge the validity of a testator’s will upon the following grounds:
- The will was not drafted or executed correctly.
- The will was lost, destroyed or revoked.
- The testator did not have sufficient mental capacity to make the will.
- The testator did not have knowledge of or approve the contents of the will.
- The testator was forced into making the will.
- Fraud or forgery is believed to be involved.
If you have good reason to believe any of the above issues relate to a testator, talk to us about the next steps.
Clarion's Disputed Wills and Trusts team obtained a successful outcome on behalf of four clients in a recent contested statutory will case.
Contentious probate and trust cases are always in the news and the more sensational cases are increasingly finding themselves in the mainstream news especially when they are salacious. Here is a summary of some recent Contentious Probate and Trust cases…
Louise Dodds has joined our dedicated contentious probate team as an associate.
Lynsey Harrison, a senior litigation solicitor with extensive experience of dealing with disputed wills and trusts, has moved to the firm’s private client practice as a dedicated contentious probate lawyer.
New qualifications for private client team members