The legal grounds for protesting a will in the UK
While lawyers usually refer to disgruntled beneficiaries ‘contesting’ a will, many people refer to this a protesting a will. There are a number of grounds for contesting (or protesting) a will in the UK.
Among the most common grounds are:
(2) want of knowledge and approval;
(3) undue influence; and
(4) failure to comply with legal formalities.
Each of these are distinct and separate grounds for contesting or protesting a will in the UK. The person challenging the will only has to succeed on one of these grounds to have the will declared invalid. If a will is declared invalid then the next most recent valid will can be admitted to probate. If there is no previous valid will then the intestacy rules apply.
However, the courts will not declare a will invalid without strong evidence being presented. Responsibility rests with the person who is challenging the will to persuade the court that it is invalid. To do this, convincing evidence will usually be required.
This evidence might take the form of medical or care home records, a report from a medical practitioner, a statement from a key witness, or even evidence from a handwriting expert.
When contesting a will, consideration can also be given to whether there is a potential case under the Inheritance Act.
How we can help
Our experienced team specialises in contesting wills and dealing with Inheritance Act claims. We offer a free consultation service and are always willing to consider a range of funding options, including our popular No Win, No Fee scheme.
So, if you are involved in a will dispute and require specialist legal guidance on where you stand, then please contact our free legal helpline on 0333 888 0409 or send an email to us at [email protected]