Grounds for invalidating a will
He wrote his Will in the 1980s leaving his £10m estate to the Conservative Party, and in so doing excluded his only son from benefiting from his estate.His son contested the bequest in the Will and the matter reached the English High Court where it was argued that the father was “deluded and insane” at the material time.In general, where this happens the personal representative would seek direction from the Court as to the meaning of the term and this would involve bringing the matter before the Court.
The following are the most common grounds supporting applications contesting a Will: It may be possible to challenge a Will on the basis that the Will is not a valid Will and that it does not comply with the legal requirements as set out in the Succession Act, 1965.
If you challenge a Will and are successful, the Will may be deemed void either in part or in its entirety.
If a Will is void in its entirety, the court will distribute the estate as if the Will never existed.
An allegation of undue influence involves a person being coerced into making the Will.
No physical force is necessary to prove undue influence.