Frettens Solicitors have a vastly experienced Team of solicitors and legal executives who deal with the preparation of Wills and trusts and litigation specialists who deal with challenges to a Will, known as 'Contested Wills'.

What is a Contested Will?

A contested will is one which, has had its validity disputed by an interested party, usually a family member or close friend, or is challenged under the 1975 Act of Family and Dependants. There are many circumstances that can lead to a will being contested. Doubts such as the mental capacity of the will maker, or drastic changes in a will when compared to previous versions. Suspicion can also arise if it is believed that a person was influenced or put under undue pressure when making a will.

People who can Contest a Will:

• The spouse (wife or husband) of the deceased
• A former spouse who has not remarried
• A child of the deceased
• Anybody who was treated by the deceased as their own child in relation to a marriage. This person is not a child of the deceased.
• Anybody who was being maintained by the deceased prior to the death who does not fall into any of the above claimant types.
• Anybody who has been living with the deceased for a period of no less than 2 years prior to the death and has be doing so as a common law spouse.

There are procedures in place to ensure that a person whom may be suffering from mental problems such as dementia or other problems. The Court of Protection allows people to be placed 'under watch' by trusted legal entity who ensure that things are done properly.

In situations where a claim can be made it is general practice to wait until probate has been granted and after that time there is a period of six months for any claims to be lodged.

Free Initial Appointment

Contact a member of the team to arrange a free initial appointment at either our Christchurch or New Forest office where you can meet your solicitor to check you 'get on with them' and find out more about the process and likely costs.