Reasons for invalidating a will

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If the language used by the maker of the Will is unclear, and you feel it is not being interpreted correctly, it may be necessary for a court to determine the intent and meaning.

For example, if there is no earlier will, the rules of intestacy will apply.There are several reasons why a Will may be challenged.Although each case may be different, there are a number of general grounds which are used, which include the following: If the testator did not have the mental capacity to know what he or she was doing, it may be appropriate to claim that the he or she: Where the Will represents a dramatic change to a previous Will, or to the previous intentions indicated by the deceased, you may want to look at the circumstances surrounding the signing of the Will.If you do, your lawyer can help you start the necessary court proceedings.

Losing a loved one is never easy, and if you suspect that their will may not reflect their true wishes, it can make an emotional time especially difficult.The type of application you must make depends on whether the Will has been probated.

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