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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Actually my last question was not that clear; I will be more

Resolved Question:

Actually my last question was not that clear; I will be more specific. The executors, who have proved to be liars and thieves, were party with a Will writer to drawing up a new Will with a person who was of failing health, both physically and mentally, and in which they were to benefit much more greatly than in a previous Will. I am concerned regarding the validity of this last Will and whether or not I can contest it, that is the Will itself, not the manner in which it has been executed.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello again and thanks for using Just Answer.

A party can indeed contest a Will, if they feel it has been prepared fraudulently/or the Testator has been coerced into signing and making the Will by a third party (ie, in the case by the Executors).

However, the onus would be on you to PROVE that this was the case. So, you would have to prove that the deceased did not have full mental capacity at the time the Will was signed and/or they did not appreciate, due to their mental state, the amount of legacies they were leaving to one party or more.

On a side point- When preparing a Will, a Solicitor would always make sure that there was none of the above issues before proceeding, and I would hope that a Will writer would do likewise.

If you do wish to contest the Will, you will need to act quickly and would suggest that you contact a local Solicitor to proceed,

I hope this helps and sets out the legal position.

Kind Regards

Al

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