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Can I challenge the terms of an unfair will?

If you were a beneficiary under a previous will that has been changed unexpectedly without the knowledge and approval of the deceased, you may have a claim.

If you believe that someone exerted undue influence, whether this is physical or psychological, on the deceased to sign their last will, whether you are a relative or carer, you can question the validity of the will.

You do not need to be a relative of the deceased to contest a will. If you were dependent of the deceased then you may also have a claim under the Inheritance Act if you believe they did not make reasonable provision for you.

Of course, each case is unique, with different facts and circumstances to consider, but Vardags will guide you through the best strategy to make a claim against the deceaseds estate. If you do wish to contest a will you need to act quickly, and it is important to note that you do not need to wait for the grant of probate to start a claim. As such, the time limit for contesting a will is six months after the grant of probate or Letters of Administration.

If you are considering contesting a will or probate, it is imperative that you speak to a member of our Private Client team so that they may offer you legal advice as soon as possible.

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