We are Legal 500 recommended solicitors specialising in contesting wills

A mirror will reflects the contents of another will made at the same time. They are commonly made by spouses (and sometimes unmarried couples) who wish to leave their estate to the other, with the combined estates then being left to named beneficiaries (generally children) on the second death. The terms of each will ‘mirrors’ the other, but the survivor is free to make a new will if they choose to do so.

Mirror wills should not however be confused with mutual wills. While they are similar in that each will reflects the contents of the other, a mutual will goes one important step further. It creates a legally binding agreement that the terms of the wills must not be changed when one of the will makers dies. Mutual wills are effectively an enforceable contract, with the surviving will maker being legally bound not to alter or revoke their will.

Mutual wills are far less common than mirror wills. While they provide certainty after death, they do not allow flexibility or testamentary freedom once the first person has died. They are also open to challenge upon grounds such as undue influence.

The most common grounds relied upon to contest a will are as follows:

Failure to comply with the Wills Act

A will must comply with all the formalities of the Wills Act. This means it must be in writing, and it must be signed by the deceased in the presence of two witnesses who signed the Will in the deceased’s presence.

Lack of Testamentary Capacity

The maker of a Will must have sufficient mental capacity (known as testamentary capacity). The law requires that they understood:

1. That they were making a will and that it had the effect of carrying out their wishes upon their death;
2. The extent of their property and what it consisted of; and
3. The claims on the estate which they ought to give effect to.

Undue Influence

If the deceased had pressure placed upon them to make a will or change the terms of an existing will, then it may be legally invalid. The signs of undue influence include:

1. Last minute changes to a Will
2. Family members being disinherited and people who were only close to the deceased for a short time being named as beneficiaries
3. A handmade Will that was drafted without the use of a solicitor
4. A deceased who was vulnerable
5. A deceased who stopped contact with loved ones prior to their death

Lack of Knowledge and Approval

The maker of the will must have had 'knowledge and approval' of the will's contents for it to be legally valid.

Forgery or Fraud

This occurs where a will has been falsified in its entirety, or parts of it have been altered or forged in some way. It includes cases where the deceased’s signature on the will is not genuine.

Fraudulent calumny

This involves beneficiaries who poison the mind of the person who made the will in order to persuade them to disinherit other potential beneficiaries.

Alternatives to challenging the validity of a Will

Aside from disputing the legal validity of a Will, you could also consider making an Inheritance Act claim or pursuing an action for proprietary estoppel if a promise has been broken.

It is difficult to assess what it will cost to contest a will at the outset of a case. There are so many different factors that impact legal fees, including the complexity of a case and the steps that will be required to obtain the evidence to support it. The conduct of your opponent can also have a great bearing.

Because legal costs are usually calculated on an hourly basis, the longer a case goes on, the more work that is required, and the greater the costs will be.

Another key factor is the seniority of the solicitor who deals with your case. The more senior the lawyer, the higher their hourly rate will be.

We have a large team of specialists who deal exclusively with this area of work. This means that we can offer specialist representation at all levels. Our team of qualified lawyers includes

We will be happy to discuss which member of our team will be best suited to your case and provide details of their hourly rate.

Because we specialise in contested wills, we trust our own judgment and are therefore willing to work No Win, No Fee basis. Not all cases are immediately suitable for No Win, No Fee funding, of course. We can only offer this funding scheme where the prospects of success are good. Sometimes this will be clear from the outset and an immediate decision can be made. Other cases might not be quite so clear at the outset, and investigations will need to be carried out. This could include:

• Obtaining the deceased’s medical records;
• Speaking to the witnesses of the will;
• Obtaining will preparation file; and
• Requesting a statement’ from the solicitors who drafted the will.

Once these investigations have been carried out we will be in a better position to make an informed decision on whether No Win, No Fee funding can be offered. We may be able to carry out that investigatory work for a fixed fee.

We are also able to deal with cases on a deferred fees basis, where you are guaranteed to receive monies from an estate that will be sufficient to meet the legal costs.

Contesting a will can be worth it where the potential benefits outweigh the financial, and emotional costs.

The starting point when making a decision is to consider whether you have the required legal standing and the grounds to contest the will. We can offer guidance on this, but to have legal standing you will need to be a beneficiary under a will, or someone who would inherit under the intestacy laws if there were no valid will.

There are a number of legal grounds upon which the validity of a will can be contested, including:

• Lack of testamentary capacity
• Undue influence
• Fraud or forgery
• Want of knowledge and approval
• Improper execution

You will also need to consider whether the estate has sufficient assets to warrant a legal action, bearing in mind the likely legal costs that could be incurred. And please remember that while legal costs are often paid from the estate, that is not always the case.

In addition to the financial cost, it is important to factor in the emotional toil of bringing a legal claim. Contesting a will can be stressful and very often impacts family relationships.

If you are debating whether it is worth contesting a will then contact our experienced team for a free consultation. We will help you weigh up the pros and cons, and can look at the funding options open to you, including no win, no fee.