How to Contest a Will
Contesting the validity of a will is a legally complex and emotionally challenging process, especially where there is a feeling that something has gone wrong during the will writing process and that the will is not the will that the deceased intended to leave and does not carry out their wishes.
Grounds for Contesting
There are a number of grounds on which the validity of a will may be contested, for example;
1. Lack of testamentary capacity:
Where the deceased suffered from some sort of cognitive impairment that affected their mental capacity to understand and to make considered decisions about their will and the distribution of their estate at the time that the will was written.
2. Undue influence:
Where the deceased has been subject to pressure or influence which has resulted in the deceased signing a will which does not carry out their real wishes, particularly where the deceased is elderly or vulnerable.
3. Fraud or forgery:
The deceased’s will have been forged or tampered with or someone has forged the deceased’s signature.
4. Lack of knowledge and approval:
Where it is not clear that the deceased fully understood the contents of the will, its implications and approved the terms due to things such as poor eyesight or hearing; poor literacy; frailty or, the will is particularly complex and technical, sometimes unnecessarily so.
5. Incorrect execution:
Where the will has not been correctly signed in accordance with the terms of the Wills Act 1837.
Inheritance (Provision for Family and Dependants) Act 1975
If you are a close relative of the person who has died such as a child, spouse, financial dependant or cohabitee and the will is otherwise valid but does not make “reasonable financial provision” for you, you may still be able to make a claim. This will depend upon the size of the estate, your financial position and the financial position of the other beneficiaries named in the will. If you think that this may be the case you must seek legal advice as soon as possible because if a claim is not brought within 6 months of the issue of the grant of probate of the will, the claim may be lost.
Seeking Legal Advice
Contentious probate is a specialist area of work requiring expertise in both probate law and civil court procedures. Where anyone has concerns about the deceased’s last will or wishes to bring a claim under the 1975 Act, specialist legal advice should be sought at the earliest possible opportunity following the death. It is vital to a successful challenge to the validity of the will that steps are taken before the will is submitted to probate.
Progression solicitors have specialist solicitors who have expertise and a track record of dealing with these types of claim, supported by our large Private Client Department.
Our solicitors will be able to advise you on the legal position in your individual case. We will advise you on the immediate steps required to protect your position and gather evidence that substantiates your grounds for contesting the will. This may include medical records, evidence of the giving of instructions for and the drawing up of the will, witness testimonies, and any evidence of coercion or fraud.
If you would like some help or advice about challenging a will, please contact us today on 01229 580956.
