Many of you may have read the recent news that Priscilla Presley has filed a legal challenge over the “validity and authenticity” of an amendment made to her daughter Lisa Marie’s will.
For the average reader, such news will be deemed significant due to the fact that the outcome of any legal proceedings will determine what happens to the estate of Elvis Presley.
However, such news should also be taken as a reminder of the need to ensure that you have a valid will in place.
In England and Wales, the requirements which set out a valid will are clearly defined. However, there are instances in which the validity of a will can be brought into question. The main grounds
upon which a will can be challenged are as follows:
Lack of Due Execution
As stated above, there are strict requirements which must be followed for a will to be valid. Carrying out these requirements is often known as executing the will.
For example, a will should always be signed, dated and witnessed by two other people. Failure to execute a will properly may lead to the will being challenged in the future.
Lack of Mental Capacity
If it can be demonstrated that the person making the will did not have sufficient mental capacity to do so at the time the will was created, then the will can be challenged. The threshold by which most recent wills be judged is set out in the Mental Capacity Act 2005.
Lack of Knowledge and Approval
If it can be demonstrated that the person making the will did not know, understand or approve of its contents, then the will can be contested.
Undue Influence
If there is evidence to suggest that someone has tried to influence the contents or provisions of a persons will, it may be possible to challenge the will. Such influence may take the form of threats or blackmail.
Forgery
Forgery of a will occurs when someone other than the person making the will changes or alters a will after its creation. Usually, this will be in order to benefit the person who is attempting to forge the will.
Should you require any assistance in creating a will or if you would like to know whether you are able to challenge a will of a relative or friend, please contact us on 01388 815317 or by email at spennymoor@evansco.co.uk to arrange an appointment with a legal expert.