7 Steps to Contest a Will

The legal process that follows a loved one’s death can be emotionally challenging. This can become even more stressful and upsetting if there is uncertainty surrounding the validity of the deceased’s Will.

While Wills are generally considered to be an accurate reflection of the deceased’s wishes, there are circumstances where the legal grounds on which a Will may be contested may apply. If you believe there are reasons to bring a claim, this article will provide a 7-step guide on what you need to know.

Before you do anything else, you must ensure there is legal justification to contest the Will and its legitimacy.
Common reasons to raise a dispute include;

Lack of Mental Capacity: If you can provide evidence that demonstrates that the deceased was not of sound mind at the time the Will was made (for example, mental illness or dementia), the Will may be deemed invalid.

Undue Influence: If you believe that the deceased was under pressure when it was drafted or they were manipulated in some way into changing it.

Improper Execution: If the Will does not meet the legal requirements, such as being in writing, signed by the testator, and witnessed properly, this can also be grounds for contention.

Fraud or Forgery: If the Will is suspected to have been tampered with or forged, it can be challenged.

Revocation: In instances where a newer Will exists or the existing one was revoked prior to the testator’s death, the current document may not be valid.
Seeking expert legal advice from the outset can help to ascertain if you have a case to contest the Will, but also furnish you with an understanding of your options.

In addition to establishing if there are legal grounds on which to contest the Will, you also need to be eligible to continue with the process. Anyone with a valid legal interest in the estate can potentially contest the Will, typically, eligible parties include:

• Spouses or civil partners
• Children or dependants
• Beneficiaries named in a previous Will
• Individuals who were financially dependant on the deceased
• Cohabitees
• Anyone who would have inherited under intestacy laws (if there was no Will)
• Executors

Timelines to raise a dispute can vary dependant on the reason for contesting, so prompt action is crucial. For example, a claim brought under the Inheritance Act must be made within 6 months of the grant of probate. However, a claim brought on the basis of suspected fraud or forgery has no fixed time limit, although these should still be pursued without undue delay.

Consulting a solicitor or legal expert is a good way to ensure you are aware of any strict timelines that need to be considered, and the correct process is followed.

When contesting a Will, it is important that you ensure you have sufficient evidence to substantiate your claim. You will need;

• Medical records (to prove lack of mental capacity)
• Witness statements (about the testator’s state of mind or influences by others)
• Any prior versions of the Will or Codicils (amendments to a Will)
• Emails, letters, or documents relating to the testator’s intentions

Without being able to provide appropriate proof, you’re claim may be unsuccessful.

Before your claim reaches the court, parties may be encouraged or required to explore Alternative Dispute Resolution (ADR) methods, such as Mediation or Settlement discussions to help parties negotiate a resolution without formal litigation. Resolving the dispute outside of court can also reduce time and costs as well as emotional strain.

If Alternative Dispute Resolution has been unsuccessful or deemed unsuitable, bringing the claim to court is usually the next step. This generally involves filing a caveat to temporarily stop probate from being granted, issuing a claim form that explains your reasons for contesting the Will and attending court hearings and presenting evidence. It may also be necessary for any witnesses to come forward at his stage.

Ultimately, it will be the Court’s decision as to whether the Will is deemed valid and should be followed, or how the estate and any assets should be dealt with.

Before starting the process of contesting a Will, it’s important to realise that it can be costly, time-consuming and emotionally draining. Claims often lead to long legal battles and uncertain outcomes. There is also the added risk of familial rifts developing, so it’s important to weigh up the potential benefits against the possible implications before pursuing a claim.

If you are concerned that a Will does not reflect the true intentions of the deceased or was made under questionable circumstances, or you believe you have been unfairly left out of a Will, get in touch with our expert team for advice.

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Email: info@backhouse-solicitors.co.uk
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