When looking to challenge the validity of a Will, and the amount you will receive as a result of that claim, you must look at whether or not the deceased had a previous Will.
If the deceased had a previous Will, and you are successful in challenging and overturning the last Will, the estate will be distributed under the terms of the previous Will. That means that you need to ascertain and ensure that you inherit a significant sum of money under the previous Will in order to justify the challenge of the last Will.
You can challenge more than one Will and therefore, if for example, the deceased lacked capacity for the last five years of their life, during which time they made more than one Will, you can challenge all of the Wills during the time the deceased lacked capacity.
If there is no previous Will but you wish to challenge the validity of the last Will, the estate will revert to the Rules of Intestacy. See below:
