I have been cut out of a will - how do I challenge, dispute and contest that will? For example, dad cut me out of the will and left his money to his new wife, or mum left more to my sister than to me in her will.
Four ways to do this
If I have been cut out of a will, how do I challenge, dispute and contest that will? There are four ways in which to do it.
Forgery or fraud
The first is to prove that the person writing the will did not in fact sign it (there was forgery) or that there was some sort of fraud which deceived the person into signing it.
Lack of capacity
The second is to prove that the person making the will did not have the mental capacity to understand what they were doing.
Weakness plus influence
The third is to prove that the writer of the will had some form of mental or physical weakness and that weakness was taken advantage of by someone who influenced them to write their will in that way.
Trust plus influence
The fourth is to prove that someone in a position of trust used that trust to influence what the will writer did.
If I have been cut out of a will, those are the ways to challenge, dispute and contest that will.
What happens if I strike down a will?
You should think about what would happen if you challenged the will and you were successful. There may then be no will and the law would step in to decide who receives the estate. The outcome may not be in your favour and indeed it might put assets into the hands of relatives who you would rather not benefit.
What rights do children and spouses have to a will?
If the person who died was your spouse or civil partner or your parent then you may have an entitlement to their assets no matter what the will says. You should explore that as an option.
Please note that this only applies to Scotland.
At Brodies LLP, we have top-rated solicitors in our personal and family teams and in our dispute resolution teams who are experienced in advising on these matters. Please do get in touch if you think we could help you.
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