Will Challenges – Spouse/Children Claims

The Private Client practice area at Matheson Ormsby Prentice has seen a consistent increase over the past number of years in the number of enquiries in relation to challenging Wills. Some of the cases require litigation, others are resolved by mediation or agreement between the parties.  In the  landmark case of Scally v Rhatigan, we acted for the defendant who successfully prevented a solicitor executor from administering her husband's estate, due to a conflict of interest. 

One of the possible reasons for this is the challenging economic circumstances which prevail as claimants pursue value.  However the difficult financial circumstances a claimant may be in is not of itself reason in law to justify such a claim.  The claims fall into two broad categories.