Grounds for Contesting a Will

Are you considering contesting a Will in the UK? There are many reasons why you may feel that a loved one's Will should be challenged, but it’s important to ensure your case meets the required legal grounds first.

To learn more about the grounds for contesting a Will, continue reading.  

Can Wills be Contested? 

Yes, wills can be contested in the UK if they meet legal grounds. Contesting a Will can be complex, especially without the help of professional advice from a solicitor. To successfully contest a Will, you’ll need strong evidence to challenge its validity. 

What Makes a Will Valid?

According to Section 9 of the Wills Act 1837, for a Will to be valid, it must:

• Be in writing 
• Signed by the testator or someone in their presence under direction
• Signed by the testator with the intention for it to be valid 
• Signed in front of two witnesses (who must not be beneficiaries) 

Despite a Will being valid on form under the Act, it can still be challenged if it meets set legal grounds. 

Who Can Contest a Will?

Anyone with a legitimate interest in the estate can contest a Will in the UK. However, this typically includes: 

• Spouses 
• Children (biological or adopted)
• Siblings 
• Executors and beneficiaries 
• Beneficiaries mentioned in previous wills 
• Financial dependants 
• An individual who was promised an inheritance 

While challenging a Will in the UK is entirely possible, we advise that you only do so with good reason for the best chance of a successful case. 

What are the Grounds for Contesting a Will?

To contest a Will in England and Wales, one or more specific legal grounds must be met. 

Lack of Capacity

The person making a Will (testator) didn't have the mental capacity to fully understand what they were doing during the creation or changing of their Will. This means that they didn't fully understand the process they completed or the effect that their decisions would have. An example of this is when an individual creates or changes a Will under poor health, such as while battling dementia. 

Invalidity 

Invalidity is when a Will is created but doesn’t meet the set criteria to be deemed valid. This means that the Will hasn’t met certain legal validity requirements, such as being completed in writing, signed by the testator or someone in their presence under direction, signed with the intention of being valid, and signed in front of two witnesses who aren't beneficiaries to the Will. 

Undue Influence or Coercion

Sadly, some individuals can be taken advantage of when it comes to their Will. If you believe that a loved one has been coerced or pressured into making changes as part of manipulation by another person, you can certainly contest their Will based on these grounds. 

Fraud or Forgery

If you believe that the Will has been fabricated or the signature on a Will has been forged by someone who isn’t the deceased, it may be a result of fraud. Like all grounds for contesting a Will, you must have sufficient evidence that the Will has been drafted by someone other than the deceased or that the signature has been forged, which may prove difficult.

Financial Dependency

​​If you were financially dependent on the deceased around the time of their death, but aren’t due to inherit a lot or nothing at all, you may be able to seek something called 'financial provision' under the Inheritance (Provision for Family and Dependents) Act 1975.  

The Process: How to Contest a Will

How do you contest a Will? The process of contesting a Will involves several key steps. 

Step 1: Find a Solicitor

Challenging a Will in the UK can be difficult, so it's essential to seek professional advice from highly experienced Will dispute solicitors to ensure the process is completed properly. Seeking early legal advice helps protect family relationships and reduces the risk of costly mistakes later on.

Step 2: Inform Executors 

If you've decided to contest a Will, you must inform the executors beforehand. The role of an executor is to protect the deceased's estate, so they must be notified about your decision to contest the Will. Notifying executors also allows them time to put a pause on distributing assets. 

Step 3: File a Caveat

In simple terms, filing a caveat means lodging a formal notice with the probate registry. This stops the grant of probate from being issued for at least six months, allowing you time to focus on raising issues regarding the validity of the Will and how it was created or changed. 

Step 4: Gather Solid Evidence

To challenge a Will, you must have sufficient evidence to back up your claims. To gather enough evidence, you must get a copy of the Will and any other key supporting documents, such as the deceased's medical records, to strengthen your claim. A solicitor can advise you on the most effective evidence to gather, assess it on your behalf, and help you present the strongest possible case.

Step 5: Resolve the Case

Reaching an agreement may be tough, but it’s entirely possible with the right legal support. Typically, resolving a case is achieved through agreement with other relevant parties or with help from the Court. 

How Much Does it Cost to Contest a Will in the UK?

There is no fixed cost when contesting a Will, as it depends on a few factors:

• Nature of the claim
• Complexity of the claim
• Evidence required
• Professional fees (such as solicitors)
• Court fees 

Ultimately, the Court decides the final cost of contesting a Will - but who pays? 

Who Pays to Contest a Will? 

The losing party pays the legal costs of the winning party when they contest a Will. Claimants (individuals contesting the Will) cover their own costs, but if they win the contest during litigation, the Court may order the defendants or the deceased's estate to cover their costs. This means that the costs will ultimately be recovered. However, this can vary from case to case depending on the exact circumstances. 

Alternative to Contesting a Will 

Cases that go to court can be costly. If you're worried about covering fees, there’s a common alternative to consider, like Alternative Dispute Resolution (ADR), including:

• Negotiation: Discussions between parties to come to a reasonable solution 
• Mediation: Involves working with a mediator, which can be less expensive and time-consuming
• Arbitration or Conciliation: When either an arbitrator or conciliator, acting as a neutral third party, helps to resolve a dispute

At Bell Lamb & Joynson, we're highly experienced in helping clients resolve both family and estate disputes before they go to the Court. In many cases, mediation offers a less confrontational and cheaper option to those seeking to achieve a settlement. 

Seek Legal Support Today at Bell Lamb & Joynson

Whether you're making a claim or personally facing one, our supportive contentious probate solicitors can help. At Bell Lamb & Joynson, we have a team of dedicated experts who can confidently advise and guide you through each stage of the process, regardless of your position. We aim to resolve disputes effectively while offering a shoulder to lean on through these challenging times. 

Contact our friendly team of contentious probate solicitors today to find out more about how we can assist you. 

FAQs

What is the time limit for contesting a Will?

The time limit for contesting a Will varies depending on the type of claim, but it's advisable to do so as early as possible (typically within the first six months). 

Can I stop a Will from going to probate? 

No, you can't stop a Will from going to probate. However, you can temporarily pause probate for six months initially by entering a caveat. 

Can I contest a Will after probate? 

Yes, you can contest a Will after probate, but be aware that doing so can be more complex and costly due to the assets having already been distributed. 

Can I stop someone from contesting a Will?

You cannot stop someone from contesting a Will. However, you can take proactive steps to make their claim far less likely to succeed. By seeking specialist legal advice, ensuring the Will is properly drafted and legally robust, and having a solicitor ready to defend any challenge, you place yourself in the strongest possible position to protect the estate and uphold the testator’s wishes.

Still got a question? Contact us!