The process for contesting a Will can be complicated and emotional. It is important to understand your rights and what considerations are needed when met with this challenging situation. Andrew Leakey, Head of Commercial & Civil Litigation here at Jackson Lees, has put together this guide to give you the basic information on who is entitled to contest a Will, the reasons you can contest a Will and what to expect during the process.

What are the grounds for contesting a Will?

People who are contesting a Will have reasons to believe that the Will is not valid. You must prove that the Will of the person (known as the testator) is not valid for one, or more, reason. There are several different ways in which you can prove a Will to be invalid:

Fraudulent or Forged Wills

If there is evidence the Will was not made by the testator, or the signature on the Will is forged, then this can be contested as a fraudulent Will.

Lack of Capacity

For a Will to be considered valid, the person making the Will must be shown to have mental capacity to understand the decision-making process and the effects of their actions. If there is evidence that the Will was made without full understanding, it can be challenged.

Lack of Knowledge or Approval

When a testator is making a Will, they must know and approve of what is in the Will. Any evidence that suggests they do not have the knowledge may show grounds for contesting the Will.

Rectification and Construction

If the wording of the Will is not clear or a clerical error is made, a claim may be brought forward with the aim to rectify or interpret the Will in line with the testator’s true meaning or intentions.

Revoking a Will

If the Will has been revoked by a marriage or civil partnership, the dissolution of a marriage or civil partnership, or the Will has been destroyed. The Will may also have been replaced with a newer version.

Undue Influence

If it is believed that the testator has been coerced into making certain decisions or influenced by another person during the creation of the Will, you may be able to contest this. Proof must be provided, however, that the person may have been pressured into making certain decisions that they would not normally make themselves.

Valid Execution

A Will needs to be signed by the testator and two witnesses. If these and any other stipulations are not followed, the Will can be deemed invalid due to not being executed correctly.

So, Can I Contest the Will?

Not everyone can contest a Will, and all of the above reasons require evidence in order to bring forward a claim. Those who can challenge a Will are:

A beneficiary - Those who are named in this Will or have evidence to show they were named in a previous Will

A family member – If the Will did not exist, the family would inherit under the rules of intestacy. If you have been excluded, you may wish to see if you could inherit.

A dependent – if you were financially dependent on the testator prior to their death but were not provided for in the Will, you may be able to contest.

How do I begin to contest a Will?

The best first step is to seek legal advice from a Contentious Probate solicitor, at Jackson Lees we have informed staff who can help assess the merits of a potential claim you may have.

If there is belief that the claim has merit, your solicitor will then ask you to provide evidence where you can show the Will is invalid.

Once we have been able to build a case, we will then attempt to contact the executor by sending a letter of claim, we will attempt to resolve these disputes amicably, and hopefully reach an agreement.  

If an agreement cannot be reached via mediation, we will then issue court proceedings. Your solicitor will prepare and present your case on your behalf. The court will then decide, based on the evidence present, what the outcome of the Will should be.

What happens if I am successful?

If a Will is proven to be invalid and you win your claim, one of two things will happen:

If a previous Will was made by the testator before the contested Will, this can be reinstated, and the wishes of this Will can be fulfilled.

If no previous Will was made, the estate then follows the rules of intestacy, which states a hierarchy of who will inherit from the estate and how much.

If you believe that you have grounds to contest the Will of a loved one or have concerns over the administration of a recently deceased loved one, Call us today or make an enquiry and we can provide the best advice for you.