Can I Contest A Will?

When a person has taken the time to write a will, it is usually a straightforward process to administer the estate in the manner the individual has requested. However there are occasions when wills are contested.

The law in Scotland in this area is complex. A will can be contested by a wide range of people:

• Will beneficiaries
• Individuals or organisations promised an inheritance
• Individuals or organisations who have been disinherited
• Third parties affected by the present will or a previous will
• Individuals who are or were related to the Deceased
• Individuals who were dependant upon the Deceased

Making a Will

An individual writing a will must understand:

• That they are making a will and the consequences of making a will.
• The extent of their property.
• The claims of those who might expect to be left something in the will.
• What Rights family members may have.

If you are making a will, our Solicitors will ensure that all these points are covered at that time. We will do everything possible to ensure that your will cannot be contested. If you have written a will but not with a Solicitor then this is an issue that could arise after your death.

Contesting a Will in Scotland

At Fergusson Law in Edinburgh our solicitors will arrange a meeting with you to discuss your case. From the outset we will advise you as to whether you are able to contest the will being discussed.

A common example of when a will can be contested is if the person making the will was not of sound mind when the will was written. In this case it may not be valid. This is known as not having “testamentary capacity”. With an ageing population and the rise of illnesses such as Alzheimer’s, dementia and other similar conditions, there is an increasing number of challenges to wills on the ground of lack of capacity.

We will then detail the next steps in the process depending on why we believe the will can be contested.

If you would like to know more about contesting a will in Scotland or would like to make a will, please get in touch as soon as possible. We are located in central Edinburgh.

Originally published on 25 January 2017 on the Fergusson Law website — http://www.fergussonlaw.com/news/can-i-contest-a-will