Challenging a will can be a sensitive and complex process. This article looks at the tests and procedures in Scotland, where the applicable law is different to the rest of the UK.
Disputes can arise for many reasons. Perhaps the will was poorly drafted, and does not definitively state what should happen in the relevant circumstances. Sometimes a family member has not been provided for, and wishes to change that. People may believe that the will is not legally valid, or that it does not properly reflect the deceased’s intentions. Whatever the root cause of the dispute, practical issues will also need to be considered, such as timescales for challenge and the need to preserve evidence.
For all these reasons, it is particularly important to take specialist advice at an early stage.