News that Priscilla Presley, wife of Elvis and mother of Lisa-Marie Presley, is seeking to challenge the validity of her daughter's will serves as a timely reminder of the ways in which people in England & Wales might do likewise.
Issues frequently giving rise to challenges include:
- Failure to comply with the various formalities required in preparing and executing a will, as with Priscilla Presley's claim, but in England & Wales largely concern compliance with the provisions of the Wills Act 1837.
- Concerns about whether the person making the will had the requisite testamentary capacity: lack of capacity would mean the will would be invalid.
- Whether the person making the will had been coerced into appointing certain executors or beneficiaries, or into leaving part or all of their estate to the person coercing them; undue influence would lead to the will being ruled invalid.
- Whether the person making the will truly understood the nature and effect of the terms of their will: lack of knowledge and approval of those provisions would also result in the will not being valid.
The impact and effect of a successful challenge to the validity of a will can be significant, resulting in an estate being administered in accordance with a previous valid will (which the testator likely intended to replace) or the intestacy rules. It goes without saying that the law relating to the validity of a will is complicated.
Our solicitors have many years of experience in advising executors and beneficiaries in dealing with complex, high-value contentious probate claims concerning the validity of wills and other disputes involving wills and estates. They combine technical knowledge with the ability to give clear, practical, and outcome-focused advice.
To find out more or discuss your individual circumstances in further detail, contact us on 01603 693500 or email us using the 'Make an Enquiry' form on our website.
