Estate litigation is not an easy process. We understand that estate disputes can be a difficult and
emotionally challenging process involving complex legal matters. At Jomha Skrobot LLP, our lawyers have
significant experience in estate litigation and dispute resolution and we are here to help you navigate
these complex situations.
Challenging a Will
There are limited ways in which a Will can be challenged. There are technical and substantive grounds for
challenging a Will, some of which include:
- Substantive grounds:
a. The testator lacked the mental capacity to form a decision when the Will was executed
b. If a family member was dependent on the deceased when he or she was alive and did
not receive an adequate allowance upon their death
c. If there was duress or undue influence. This may include if the testator was pressured or
coerced into making a Will or changes to a Will, such that the Will or changes thereof do
not reflect the true wishes of the Testator - Technical grounds:
a. The testator was not over the age of 18 at the time the Will was made
b. The Will was not witnessed by at least two other people in the actual physical presence
of the testator (unless it is a wholly holograph Will)
c. The witnesses were not over the age of 18 at the time the Will was made
d. If there were any changes to the Will after it was signed, those changes were not properly
signed and witnessed
Other Types of Estate Litigation
At Jomha Skrobot LLP, our estate litigation lawyers deal with a variety of Wills and Estates disputes, including,
but not limited to: - Will discrepancies
- Estate liquidity problems
- Claims against Executors
- Claims against Trustees
- Claims against Attorneys
- Inheritance disputes
- Administrative errors and conflicts of interest
- Omitted family members
If you are involved in an estate dispute or thinking of challenging a will, contact our team at Jomha Skrobot LLP for assistance.
