Disputed or contested will

The dispute

A disputed will can have many causes: alleged lack of capacity of the testator when it was made, mistake or fraud in consent, duress or intimidation, or simply ambiguous drafting that favours one heir over others with equal rights.

Disputes also arise when successive wills, codicils or provisions surface that bewilder the family. Without expert legal reading, heirs litigate on instinct — or accept an unfair distribution for fear of the cost and length of proceedings.

Why act in time

Actions to annul a will are subject to limitation periods that should not be allowed to run. Moreover, the sooner validity is formally challenged, the easier it is to preserve medical, witness and documentary evidence.

Equally, whoever defends the will needs to shore up their position before the estate is liquidated or assets are irreversibly allocated. In both scenarios, an early assessment of the matter determines whether to contest, defend or negotiate a settlement.

The firm's strategy

We approach the will as the central piece of the inheritance dispute, combining family law, evidence and the taxation of the resulting estate.

1. Audit of the will We study the will, earlier versions, medical certificates, the circumstances of its execution and possible defects. We define grounds for annulment or defence with a real prospect of success.
2. Interpretation and concurrent rights We resolve ambiguities in clauses, substitutions and legacies; we cross-check the will against forced shares, usufructs and the surviving spouse's rights to see the full impact.
3. Building the evidence We organise medical, expert and witness reports; we prepare the notarial and registry documentation that supports the challenge or the defence of the will.
4. Litigation or settlement We bring the annulment action or defend validity in court. Where the scenario allows, we negotiate a settlement that distributes the estate without destroying the family relationship.