Challenges to Wills

Challenges to Wills
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  • Intermediate
  • Released 15th May 2023
  • Helen Forster
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A Law society study has indicated that 1 in 4 estates will likely be challenged. If a will you have prepared is disputed you may be asked to disclose information about the circumstances surrounding its preparation and execution.

The most common challenges to a Will are:-

  • Did the client have testamentary capacity when they made the Will?
  • Validity- was the will executed in accordance with the s.9 Wills Act 1837?
  • Did the client have knowledge and approval of their Will?

This session is designed to talk through the common challenges to wills, considering case law, larke v nugus requests and responding to the same, and legislation surrounding this area. We will also consider practical tips to assist in protecting yourself and your firm against challenges in the future and practical will drafting.

Have a question? If you have any comments or feedback on this content, please get in touch.

Learning objectives:

  • Challenges to Wills
  • Up to date case law
  • Larke v Nugus requests
  • Responding to a challenge
  • Who should act in a dispute
  • Practical tips and guidance to protect you against claims

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Your CPD Certificate can be found in your Account.

Helen Forster

Managing Director • HTF Legal Limited

Helen is the managing director of her law firm, HTF Legal, based in Yorkshire, She is a solicitor and trusts and estates practitioner and has spent over 14 years working in the private client sector. Over the years she has received numerous awards including the category of rising star in England and Wales in the Modern Law Awards in 2016, where she came second. More recently her firm has won “ inheritance firm of the year Yorkshire” in 2023. Her particular specialisms include tax planning and mental capacity work, and in addition she provides training and seminars around the country on the subject.

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