When a loved one passes away, the heightened emotions of those closest can often exacerbate situations, particularly when it comes to the deceased’s Will and Probate matters. In some cases, a Will is challenged because someone believes that they have been unfairly treated or that they fear the Will of the deceased was prepared under duress or when they didn’t have mental capacity.

There are multiple reasons a Will or Probate may be contested but it’s important to understand under what circumstances you can bring a claim. In this article we will cover when you can dispute a Will, bringing a claim under the Inheritance Act 1975 and what steps you can take.

Under what circumstances can you dispute a Will?

In order to dispute the legitimacy of a Will, you must be able to prove the following:

  • The deceased had a lack of mental capacity when the Will was prepared and signed – this can be due to illness or dementia.
  • The deceased was subjected to undue influence – such as threats or coercion from another person.
  • The deceased did not know or understand the contents of the Will – for example, they did not know what they were signing, or they were blind and it was not read to them.
  • Invalid procedure or fraud – this includes suspected forging of signatures or incorrectly executing the Will.
  • Negligent drafting – if the document was a DIY Will that does not provide the same protection or careful drafting that a Will drafted by a solicitor does.

For more information about the potential consequences of DIY/internet Wills, please read our dedicated article Cheap Wills & Consequences.

The Inheritance (Provision for Family and Dependents) Act 1975

In some cases of inheritance disputes, it is possible to bring a claim against the estate if there is no Will in place or even if there is a Will that has been drafted correctly and the circumstances above do not apply. However, in this instance, the Claimant must be able to prove:

  • The deceased did not provide for them adequately in the Will or reasonable provision has not been made for them under intestacy rules.
  • There was some other moral obligation why they should benefit from the estate

It is important to understand that if a claim is being brought under the Inheritance Act 1975, the person raising the dispute must be;

  • spouse or civil partner
  • former spouse or civil partner that has not remarried or received a financial settlement from the divorce/dissolution
  • Cohabitant who lived with the deceased in the same household for at least 2 years prior to the death and was living as husband and wife of the deceased
  • child of the deceased(whether legitimate, illegitimate or adopted) or anybody treated as a child
  • Anybody else who was looked after financially by the deceased immediately before they died, unless they were paid to do so

How long does the process take to dispute a Will?

There is a strict time limit of 6 months from the issue of grant of probate to make claims under the Inheritance (Provision for Family and Dependents) Act 1975.  If you believe that you have a claim it is very important to act quickly.

There are several steps involved in the process when bringing a claim under the Inheritance Act, so here is a brief overview of what to expect:

  1. Understand the Grounds of the claim – It is important that you are clear on the reasons you are making a claim and that you have grounds to do so.
  2. Gather evidence – Relevant documentation and evidence can include copies of the Will, medical records, correspondence or written statements and witness testimonies.
  3. Seek Legal Advice – Consulting a lawyer who deals with inheritance disputes will help ensure that every step in the process is followed correctly and could stand you in better stead to get the resolution you want.
  4. Attempt Mediation – Mediation is a less formal and often less expensive way to resolve disputes so it is always a good place to start.
  5. Issue a Caveat (if necessary) – If you want to challenge the Will before probate is granted, you can issue a caveat with the Probate Registry. This temporarily prevents probate from being granted, giving you time to pursue your claim.
  6. Send a Letter Before Action – this is a final letter to the executors and/or the Estate setting out your potential claims, and how long they have to respond before you take it to Court.
  7. File a claim in Court – If mediation fails or is not appropriate, you may need to file a claim in court. If you have sought legal advice at this point, your expert will be able to help you and advise you on the next steps.
  8. Court proceedings – Having a legal representative on your side if your claim does go to court is always advised. They are the experts and will know how the process works and what needs to be done.
  9. Judgment – The court will issue a judgment and if you win, they may declare that the Will is invalid, adjust the distribution of the estate or order financial provision of dependents.
  10. Appeal (if necessary) – If you are dissatisfied with the judgment, you may have grounds to appeal. Consult your lawyer to understand the prospects of an appeal and the process involved.

How Backhouse Solicitors can help:

Inheritance disputes are complex and can be emotionally charged. It is crucial to seek expert legal advice and consider alternative dispute resolution methods before resorting to court action. If you do proceed to court, ensure you are well-prepared and understand the legal requirements and processes involved.

At Backhouse Solicitors, we are experts in dealing with Inheritance Disputes.  Whether you wish to make a claim on an estate, or you are on the receiving end of a claim, we can help fight your corner. Contact our experts today.

Tel:          01245 893400
Email:     info@backhouse-solicitors.co.uk
Visit:       17 Duke Street, Chelmsford, CM1 1JU
Or send us a message through the Contact Us page on this website.