How to Successfully Contest a Will

The first step to assessing if you can contest a Will is to understand what requirements are for a Will to be considered valid.

In England and Wales, a valid will must be:

• Clearly set out in writing and signed by the person making the Will.
• Made by someone of ‘sound mind, memory and understanding’. The person making the Will must have full mental capacity and fully understand what they are signing.
• Made with intention to create a valid Will.
• Witnessed properly by two witnesses who are not related to the signer or benefiting from the Will.

Using an expert Wills solicitor can ensure that your Will is watertight and less likely to be contested.

When we first talk to you, we will discuss why you think the Will should be challenged. In order to dispute a Will, one of the following grounds must be met:

• Lack of testamentary capacity: the person signing the Will did not know or understand what they were signing.
• Undue influence or duress: the person signing the Will was persuaded or pressured to sign it.
• Fraudulent or forgery: the signature was faked or changes were made without the Will maker’s knowledge or approval.
• Executed incorrectly: the Will was not signed and witnessed properly.
• Unclear or ambiguous: the Will is written unclearly or does not fully set out the person’s wishes.
• Provision for inheritance: someone is able to make a claim under The Inheritance (Provision for Family and Dependents) Act 1975.

Not sure if you can bring a claim to contest a Will? If you think the Will did not properly provide for you then you can contest a Will if you one of the persons named in the The Inheritance (Provision for Family and Dependents) Act 1975.

The Inheritance Act sets out who can make a claim for provision to be made for them in a Will. If you were part of the family or were being looked after by the deceased, then you may be entitled to contest a Will.

To make a claim under this Act, you must fit into one of the following categories:

• A spouse of the person who has passed away.
• A former spouse of the person who has passed away, ONLY if you have not remarried.
• A partner who lived with the deceased for at least 2 years immediately before the death.
• A child of the person who has passed away.
• A person who was treated as a child of the family by the person who passed away.
• Someone who was supported financially (partly or totally) by the person who has died.

This is a highly complex and litigious area and requires an expert in contested probate to advise you. Speak to our legal team to find out if you are eligible to make a claim against an estate under the Inheritance Act.

How long do you have to contest a Will? Well, there are strict time limits to contest a Will. Most claims must be made within six months of the Grant of Probate being issued. If you’re not sure when the Grant was issued or are worried the time limit has passed, then contact us without delay. We can check if a Grant has been issued and advise you on the time limits for contesting a will in UK. Don’t delay and get in touch with us getting in touch with our team to see if a challenge to the Will is possible.

Worried about how much does it cost to contest a Will or the legal costs of challenging a will? Not sure of your chances of successfully contesting a will? Our first step will be to assess your claim and the grounds on which you are challenging the Will. As part of that assessment, we will talk to you costs of contesting a will, whether you may be able to recover your costs from the other side, how to reduce costs and how to protect yourself from having to pay your opponent’s costs. We are highly experienced in assessing claims and identifying if you will be successful or not. Every individual case that we deal with is different, so the best way to know if you have a good chance is to speak to us about your concerns.

Grandchildren are not named under the Inheritance Act, but you may be able to contest a Will if you were promised something by your grandparent or were financially dependent upon your grandparent. Claiming on the grounds of being a grandchild alone is unlikely to be successful, but if you meet other grounds, for example, if you believe your grandparent lacked capacity or was coerced into signing the Will, then you may be able to bring a claim. If you are a grandchild who is concerned about the Will of your grandparent, get in contact with our experienced team in confidence.

Your legal team will need to demonstrate that the grounds for contesting a Will have been met. For example, if you maintain that the person signing the Will didn’t have mental capacity, we can use experts to look into the medial history of the person who died to see if there is evidence that the person who made the Will lacked capacity. If you were financially dependent on the person who made the Will, we might gather evidence to demonstrate this under the Inheritance Act.

Every case is unique and the evidence you will need will depend upon the grounds under which you are making your claim. If you instruct our team, we will guide you through the process and help you gather the evidence required.

Our expert Contested Wills team has been described by our clients as having ‘exemplary advice and communication, sensitivity, and overall value for money’.

If you have concerns about a Will or probate, your next step is to book a diagnostic meeting with a member of our litigation team. Your diagnostic meeting can take place in person, by telephone, or video meeting. At the meeting you will be able to speak to us about what has happened and why you are concerned. We will assess your case and let you know if we think you have grounds to contest the Will. To book your diagnostic meeting, call us on 01273 604 123, email us at enquire@bbc-law.co.uk, or fill out our enquiry form.

Read More: Grounds for Disputing a Will

Read More: How Burt Brill & Cardens helped a grandmother claim against her negligent financial advisor