Sometimes disputes relate to whether a will is valid or not. Often the “do-it-yourself” type of wills can fall into this category.
A will may be deemed invalid if:
It was not the last will made by the deceased
There is doubt about the mental capacity of the person making the will or they did not understand it
Undue influence was applied to the person making the will
The will is unsigned or appears to be fraudulent in some way
If a will is judged as being invalid it can be “set aside” as if it never existed. If there is an existing prior valid will, it will then become the basis on which the estate will be distributed. If there is no prior valid will, the estate will be distributed to the family of the deceased under Intestancy rules.
If you, as a beneficiary or an executor, believe there is an anomaly in a will contact Baldock Stacy & Niven for an expert opinion.