We offer a free 30 minute consultation on challenging Wills. We will review the legal merits of your case, tell you what your options are, and explain how to go about contesting the Will. We will also provide details of the funding options we offer, including our highly popular No Win, No Fee scheme.
One of the questions we are regularly asked by people who have been disinherited is, “How do I challenge a Will?” Contentious Probate solicitor, Jack Dray, looks at the grounds for contesting a Will, and how to go about it.
Does the Will comply with the Wills Act?
First of all, it is important to check that the Will complies with all the formalities under the Wills Act, namely:
- 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
If the Will complies with these formalities then the Will can be contested on any of the following grounds:
Lack of Testamentary Capacity
In essence, when someone makes a Will, they must have sufficient mental capacity to do so (known as Testamentary Capacity). The law requires that the deceased understood:
- That they were making a Will and it had the effect of carrying out their wishes upon death;
- The extent of their property and what it consisted of; and
- The claims on the estate which they ought to give effect to.
Undue Influence
This is where the deceased had pressure placed upon them or were influenced into either making or changing the terms of a Will.
It can be a difficult ground to prove. However, the tell-tale signs of undue influence include
- Last minute changes to a Will
- Family being disinherited and people who were only close to the deceased for a short time being listed as beneficiaries
- A handmade Will that was drafted without the use of a solicitor
- The deceased was vulnerable
- The deceased stopped contact with close ones prior to their death
Lack of Knowledge and Approval
To put this simply, the deceased must have ‘knowledge and approval’ of the Will’s contents for it to be legally valid. This challenge can often overlap with allegations based on capacity, fraud or forgery.
Forgery or Fraud
This is where a Will has been falsified in its entirety, or parts of it have been altered or forged in some way. This includes forging the deceased’s signature.
Who can contest a Will?
Any person who has a vested interest in the Will is able to challenge it. This means that a spouse, a child, a cohabitee or any person benefiting from the Will, or a previous Will, can challenge a Will.
What happens if the Will is declared invalid?
If the legal challenge is successful the Will is declared invalid and the terms of the deceased’s previous Will are put into effect. If the deceased did not make an earlier Will, then their estate is distributed as per the intestacy rules.
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.
How we can help you to contest a Will
Our recommended team of contentious probate solicitors specialise in challenging Wills. We operate nationwide all over England and Wales.
If you want to contest a Will then contact our legal helpline for a free initial 30 minute consultation with an expert in this area of law, along with details of the funding options we offer, including our highly popular No Win, No Fee scheme.
Call us on 0333 888 0409 or send an email to [email protected].