We offer a free 30 minute consultation with a specialist solicitor on any contested will case.
One of the most frequently asked questions on our popular helpline is, ‘Can I contest a will?’
The answer is that you can contest a will in England and Wales if you have grounds to show that the will is not legally valid.
There are a number of grounds for challenging the legal validity of a will. These are the most common:
The maker of the will did not have sufficient mental capacity when the will was drawn up.
The maker of the will must have been of “sound mind, memory and understanding” when the will was made.
This requires them to have understood what they were doing when they made the will, understood the extent of their estate, and understood whether there were any claims on their estate which they ought to have given effect to.
The maker of the will did not have sufficient ‘knowledge and approval’.
The maker of the will must have understood and approved its contents. Issues regarding knowledge and approval often arise when someone lacks the ability to communicate clearly.
The maker of the will was subjected to ‘undue influence’.
Someone should not be forced into making a will in favour of a particular beneficiary. Undue influence can be difficult to prove, and it usually requires evidence of actual coercion. A related but separate ground is fraudulent calumny.
The will is fraudulent.
Fraudulent wills can arise where:
- The signature on the will is forged.
- The maker of the will was unaware of what they were signing.
- The will has been deliberately tampered with, or destroyed.
The will fails to comply with Wills Act.
Under the Wills Act:
- The Will must be in writing;
- The Will must be signed by the maker in the presence of two witnesses; and
- The two witnesses must sign the Will in the testator’s presence.
If these requirements are not observed the will is invalid.
The Inheritance Act
If there are no grounds for establishing that a will is invalid, someone who has been disinherited may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This Act allows spouses (or civil partners), cohabitants, children, and anyone who was financially supported by the deceased to make a claim against the estate for financial provision.
How we can help
If you would like a free 30 minute consultation with one of our specialist solicitors to discuss, ‘Can I contest a will?’ then contact our legal helpline.
