It is a common misconception that you can dispose of your assets on death as you see fit. In reality, the wishes of the deceased can be challenged on several grounds. The most common challenges occur then a potential beneficiary such as a spouse, partner or child, has not been left adequate provision. In these cases, the potential beneficiary can take legal action to contest the will.

Increasingly wills are also being challenged on the grounds of:

1. Fraud or undue influence: Is the will genuine or was pressure placed on the deceased to sign a will that didn't necessarily reflect their wishes?

2. Mental incapacity

3. Lack of knowledge and approval: Did the deceased properly understand the consequences of their instructions and does the will accurately reflect what the deceased had intended?

4. Domicile issues and other international elements:

5. Laws on inheritance vary from country to country, and these can affect the legality of some wills.

We have extensive experience in this area.   In the event that you would just like some preliminary advice about a potential separation and what your rights would be, then please contact our Private Client Team and we will be happy to assist you.