Can you contest a Will?

Contesting a Will can seem daunting and often you might have some questions about whether you can contest or not.

That’s why in her first article for the firm Will Dispute Expert, Olivia Parkinson outlines what you need to know about contesting a Will.  

Can you contest a Will?

Yes, contesting a will allows anyone with an interest in the estate to challenge the validity of a deceased person’s last will and testament.

Typically people contest a Will if they believe it:

• Does not accurately reflect the person who made the Will’s (known as the testator) true intentions or,
• If there are concerns about its lawful creation.

Under what grounds can you contest a will?

There are a few common reasons or ‘grounds’ on which it is possible to challenge a will  including:

• Where the testator lacked mental capacity at the time of signing,
• Where the testator was subject to undue influence or coercion,
• Where  the Will was procured through forgery.

Where the will was not executed in accordance with the legal formalities required by the Wills Act 1837.

What is the most common ground for contesting a will?

The most common reasons for contesting a Will relate to concerns about the deceased’s mental capacity.

Often, this is due to them having suffered from conditions like dementia and confusion. These  are common in many elderly individuals and can significantly impact their ability to make sound decisions and understand the consequences of making or changing their will.

You can read my colleague Olivia Parkinson’s article on how to prove undue influence here.

Which family members can contest a Will?

Any person with an interest in the deceased’s estate can contest the validity of a will on the grounds set out above.

In addition to claims relating to the validity of a will, claims can be made on a deceased’s person’s estate under the Inheritance (Provision for Family and Dependents) Act 1975.

These claims do not dispute the validity of the itself, but are made when individuals believe that the testator has not made reasonable financial provision for them in the will. However, only certain people will be able to bring these types of claim such as:

• Spouses,
• Civil partners,
• Former spouses,
• Civil partners,
• Cohabitees,
• Children (including those considered as part of the family), and,
• Financial dependents of the deceased.

You can read my colleague Anna Curtis’ article on whether step-children can contest a Will here.

Can an ex-spouse claim inheritance?

Under the Inheritance (Provision for Family and Dependents) Act 1975, an ex-spouse may have the right to make a claim if they were financially dependent on the deceased or if the Will did not make adequate provision for them.

You can read my colleague Anna Curits’ full article on ex-spouses claiming inheritance here.

Is contesting a Will difficult?

Contesting a Will can be a difficult and lengthy process. The evidence must be compelling as courts do not wish to interfere with the general principle that an individual can leave their estate to whoever they want.  

However, this is balanced against the importance of ensuring a will does truly represent the testator’s wishes.

We offer all new clients a free initial chat to give them the opportunity to speak with a member of the team who will provide general guidance on the area of law in question.

What evidence is needed to contest a Will?

To contest a Will successfully, you will need to gather specific types of evidence that support your reasons for doing so.

The first port of call is often to request the will file from the will writer who prepared the will. The file should contain detailed notes of the conversations the will writer had with the testator about their intentions and their assessment of the testator’s capacity.

Another important source of evidence if you are claiming that the testator lacked mental capacity would be the testator’s medical records which may show whether the testator was suffering from cognitive decline at the time they made the will.

Alternatively, if undue influence is a factor, then your evidence might include any proof that the Will was drafted under pressure or of any relationships with the deceased that suggest the testator was coerced.

How do you contest a Will?

If, after reviewing the evidence, we consider there are valid grounds to challenge  a will, we will first try to resolve the matter through correspondence or mediation. If no resolution is found, it would be necessary to commence court proceedings. Where appropriate we can also consider various payment options when dealing with disputed Will case.

We understand that contesting a Will is emotionally difficult, particularly during a time of grief. Our team is here to support you with clear advice to help you navigate the process with confidence and care.

Is there a time limit to contest a Will?

There is no specific statutory deadline for challenging the validity of a Will. However an inheritance claim under the Inheritance Act 1975 must be issued in court within six months of the grant of probate of the deceased’s estate.

It is important to understand that once probate is granted, the executor gains full access to the estate and its assets. If the estate has already been distributed to the beneficiaries, recovering the funds becomes significantly more difficult. Therefore, if you intend to contest a will or make a claim against the estate, it is advisable to act promptly.

Specialist Contested Wills Solicitors

If you believe a Will isn’t valid it’s important that you get clear advice on what to do next. Our specialist solicitors have extensive experience in contesting Wills and are able to offer tailored advice to your specific situation.

We offer a free initial chat to all new clients, you can get in touch with a member of the team on 01202 499255 or by filling out the form.