If you would like a free consultation on how to contest a will then call 0333 888 0409 or email info@contesting-wills.co.uk
If you wish to contest a will, then there are several legal options open to you.
Contesting the legal validity of a will
First, you can contest the legal validity of the will. There are various grounds upon which you can contest the validity of a will. These include:
- Lack of testamentary capacity – where the person making the will (known as the testator) did not have the required mental capacity.
- Lack of valid execution – the will wasn’t signed or witnessed correctly.
- Lack of knowledge and approval – the testator didn’t fully understand or approve the contents of the will.
- Undue influence – the testator has been coerced into making the will.
- Fraudulent calumny – where the testator’s mind has been ‘poisoned’.
- Forgery – where the will or the testator’s signature has been forged.
Challenges should ideally be made before the estate has been distributed. A ‘caveat’ can be entered to prevent a Grant of Probate being taken out, giving you time to pursue your case.
Making an Inheritance Act claim
If the will fails to make reasonable financial provision, then another option is to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Inheritance Act claims can be made by:
- Spouses or civil partners
- Children (including adopted and, in some cases, stepchildren)
- Former spouses/civil partners (if not remarried)
- Cohabitees
- Anyone who was financially dependent on the deceased
Courts have wide powers to vary the terms of a will, and can order lump sum payments or the transfer of property.
When exercising these powers, the court will take into account a range of factors, including the claimant’s own financial circumstances and any health issues. Consideration will also be given to the needs of the beneficiaries under the will and any other claimants.
It is important not to delay as claims should be commenced in court within six months of the Grant of Probate (or Letters of Administration).
Beneficial interest claims
You can also consider bringing a beneficial claim against the estate. This includes:
- Proprietary estoppel claims – where the testator has reneged on a promise that you’ve relied upon.
- TOLATA – a claim made under Trusts of Land and Appointment of Trustees Act 1996 where you have a ‘beneficial interest’ in a property owned by the deceased (for example where you have contributed to the purchase price or mortgage payments).
Taking legal advice
Contesting a will involves complex legal principles and procedures. It is therefore advisable to consult a specialist solicitor. Delay may prejudice your case, so make sure you seek advice at an early stage.
Gathering evidence
Before presenting the case, it will be necessary to gather evidence to support your legal arguments.
The evidence will vary from case to case, but it may include obtaining:
- medical or care home records,
- a report from a medical practitioner
- witness statements,
- the solicitor’s file,
- evidence of financial needs and resources,
Resolving the dispute
In the first instance lawyers will generally explore the possibility of resolving the dispute informally and reaching an out of court settlement. This can minimise the legal costs and will often be much faster than going to court.
Mediation can be particularly effective in resolving contested will disputes quickly and economically. It can also be less divisive and enable good family relations to be retained.
If agreement cannot be reached then formal court proceedings may become unavoidable. However, all parties should bear in mind that the legal costs are likely to be higher and individuals can be ordered to pay those costs personally. Court proceedings can also be stressful and have a long-term detrimental impact on family relationships.
Free 30 minute consultation
For further guidance on ‘How do I contest a will?’ contact us for a free 30 minute consultation. Just call or email, and a member of our specialist team will carry out a review of your case completely free of charge.
We will also be happy to provide you with details of the available funding options, including No Win, No Fee.
