Contesting a Will – Grounds for challenging a will

If you think a will may be invalid or there appears to be something wrong with the terms of the will or the way it was executed, perhaps the estate of the person who died has not been left to who was expected to inherit, or a person has made a new will following the return of an estranged family member, then it may be possible to challenge the will.

Grounds for challenging a will include:

• Lack of ‘testamentary capacity’
• Lack of knowledge and approval of the terms of the will
• Fraud or forgery of the will
• Duress or undue influence placed on the testator
• Invalid execution of the will
• Clerical errors requiring rectification

“You may be able to make a claim for reasonable financial provision under the Inheritance (Provision for Family and DependantsAct 1975.”

Homemade wills which are not properly executed can present a minefield for both personal representatives in defending claims and for potential beneficiaries standing to inherit. Sometimes a vulnerable person may be coerced into changing their will to benefit another person, or they may even be asked to sign a will without having first read the terms. If any of these situations sound familiar, then there may be grounds for challenging a will.

If a will has been professionally drafted by a solicitor who appears to have made a mistake in the will causing it to be invalid or meaning that a beneficiary/potential beneficiary may not inherit what he or she should have done, it may be possible to bring a claim against the solicitor in negligence.

Who can contest a will?

Any person can claim grounds for challenging a will’s validity, but usually this is a person with an interest in the estate, such as a beneficiary named in the will or person who could be considered a potential beneficiary of the estate, such as a beneficiary named in a previous will.

How long does it take and how much will it cost?

The time taken to resolve a dispute over a will varies greatly depending on the individual circumstances of each case. We always take a pragmatic approach by aiming to settle disputes without needing to take the matter to court, but sometimes it is not possible to avoid issuing court proceedings. The time spent negotiating claims ranges from months to years, but the sooner legal advice is sought, the higher the chance of resolving a dispute quickly.

Costs are directly related to the amount of advice and negotiation that is necessary in order to settle a dispute over a will. We like to be transparent about our fees which is why we always advice you of our charging rates and give estimates of fees at the outset of a matter, wherever possible.

Do you feel you have grounds for challenging a will? Contact us today.