When a loved one passes away, it’s going to be a time of emotional vulnerability as you grieve their loss. The added pressure of contesting an unfair or invalid Will is something a specialist solicitor can support you with during this difficult time.
But in what situation can you contest a Will in the UK? In this article, our experts will explain when you can contest a Will, what legal grounds exist, how the process works, and the support you can access.
What Does Contesting a Will Actually Mean?
Contesting a Will is the legal process of challenging the validity or fairness of a deceased person’s Will. This involves questioning if the Will truly reflects their wishes and if they were pressured or forced to make certain decisions. Alternatively, it could be that the beneficiary thinks the Will doesn’t fairly provide for the dependents.
It’s important to distinguish the difference between contesting a Will and contentious probate. Contesting a Will solely looks into matters concerning the fairness and validity of a Will, whereas contentious probate covers all forms of disputes, such as inheritance claims, intestacy issues, asset discrepancies, and more.
To find out more about contentious probate, read our expert-led guide.
What Legal Grounds Can You Contest a Will in the UK?
There are specific requirements in order to have the grounds to contest a Will in the UK. Here are some of the most common:
Lack of Testamentary Capacity
The Testator, i.e. the person whose Will it is, must have been of sound mind and understood what they were doing when creating their Will. This is also known as mental capacity, which can be affected by illnesses such as dementia or Alzheimer’s.
If you consider your loved one to have not been of sound mental capacity at the time of writing their Will, you will need evidence such as medical notes or witness testimony to prove this and use it as grounds to contest the Will.
Undue Influence or Coercion
This refers to when the testator has been pressured or manipulated into writing a Will or editing an existing Will to better benefit the coercer. This might include them unexpectedly receiving a larger sum of money or a bigger share in assets.
To make a claim, the evidence must show no logical explanation why the Will is weighted more favourably towards the beneficiary. However, it’s important to remember there’s a difference between persuasion and coercion. Persuasion is legal, whereas coercion isn’t.
Lack of Knowledge or Approval
Although this might sound similar to a lack of testamentary capacity, this is a completely separate ground for contesting a Will in the UK. A lack of knowledge or approval refers to the testator not being fully aware of the contents of their Will.
To prove these grounds, you will need to investigate the circumstances of the Will signing, such as dramatic and unexpected changes that weren’t explained, or a beneficiary suddenly being included or excluded for seemingly no reason.
Improper Execution
All legal requirements must be followed under the Wills Act 1837, such as being signed correctly and having a witness, to ensure a Will is valid. Without these procedural rules, this can give grounds to contest the Will.
Fraud or Forgery
Firstly, it’s important to define fraud and forgery. Fraud can occur when false information is used, when witness signatures are later added, or when the Will is hidden or destroyed. Forgery is when a Will is made in someone else’s name, and their signature has been faked.
In essence, if the Will has been faked or tampered with and there is proof, this can be contested.
When You Can’t Contest a Will
When a loved one’s Will has unexpected elements, it can be hard to comprehend. However, it’s vital to note that a Will cannot be contested just because you don’t like it. Whether you’ve been excluded or didn’t receive what you wanted, legal grounds must be met in order to take the claim to court.
Why You Should Get Specialist Legal Support
Contesting a Will has a great deal of emotional complexity and legal nuance, and that’s why you should partner with a specialist solicitor who can help you every step of the way, from assessing the strength of your claim and issuing caveats during negotiations to acting as your court representation.
At Harding Evans, we’ve been supporting our clients for over 160 years, and with extensive experience in contesting Wills, our expert team is here to support you. Just remember: yes, you can contest a Will if there are legal grounds and you have the right evidence; simply not liking the Will is not adequate grounds. An early assessment of an unfair or invalid Will can help you understand your position before costs escalate.
Get in Touch Today
Everyone’s circumstances are different. If you feel you need to challenge a Will, please contact Daniel Rich and make an appointment to discuss your situation. Daniel will then assess your potential claim and outline the next steps.
