A Journey through Loss and Litigation: Episode 3 – James Saunders

Will Validity Challenges: When Should a Will Be Investigated? In this episode, we are joined by James Saunders of New Square Chambers to explore will validity challenges and the circumstances in which a will may need to be investigated. James discusses the first steps someone should take when concerns arise about a will, including Larke v Nugus requests, and explores the key grounds on which a will may be challenged, including invalid execution, forgery, testamentary capacity, knowledge and approval, and undue influence. We also discuss the role of expert evidence, the importance of taking proportionate advice at an early stage, costs and potential litigation risks, and the value of building the right legal team. James also shares his insight into mediation, settlement and what clients can expect if a dispute ultimately proceeds to trial. An informative discussion for anyone involved in, or advising on, a potential will validity dispute.