How to Contest a Will in the UK
Contesting a will in the UK is a tough and stressful process. You need to know the legal grounds, processes and outcomes.
This will walk you through the stages, legal requirements and practicalities of contesting a will in the UK. Always look for reputable solicitors like Red Kite Solicitors Cardiff
The basics
What does contesting a will mean?
Contesting a will is a legal challenge to the validity or terms of a deceased person’s will. This can be done if you think the will doesn’t reflect the deceased’s true wishes or if you think you’ve been left out or underprovided for.
Who Can Contest a Will?
Not everyone can contest a will. Generally the following people can:
- Spouses or civil partners
- Former spouses or civil partners (who haven’t remarried)
- Children (adopted and illegitimate)
- People who were financially dependent on the deceased
- Beneficiaries in a previous will.
- People who owed money to the deceased
Legal basis for contesting a will
To dispute a will in the UK you need proper legal grounds. These grounds can be broadly categorised as:
Lack of Testamentary Capacity
To make a legal will the testator (the person making the will) must have had the mental capacity to understand the nature and consequences of their actions at the time the will was made. This means assessing the size of their estate and the claims of people who may benefit.
Not properly executed
A will must be in writing, signed by the testator and witnessed by two people in the same presence. If these steps are not followed the will can be challenged on the basis of invalid execution.
Undue influence or coercion
If the testator was forced or pressured into making the will it can be challenged. Undue influence means the testator was coerced or influenced into including certain clauses against their wishes.
Fraud or forgery
A will can be challenged if it’s false or fabricated. This includes cases where the testator’s signature has been forged or the terms of the will have been altered without their knowledge.
Lack of knowledge and consent
The testator must know and approve of the will. If it’s shown the testator didn’t know or agree with the will it can be challenged.
The Inheritance (Provision for Family and Dependants) Act 1975 includes dependents.
This allows some people to contest a will if they were financially dependent on the deceased and the will didn’t provide enough for them. The court will look at various factors including the applicant’s financial needs, the needs of other beneficiaries and the size of the estate.
How to Contest a Will
Get Legal Advice
First and foremost get a solicitor who specialises in contested wills. They can tell you about your chances of winning, the costs and the outcome.
Get Evidence
Gathering evidence is key to your claim. This can include medical records (if you’re contesting on the basis of lack of testamentary capacity), witness statements and any other evidence to support your case.
Lodge a caveat
A caveat is a legal notice that prevents probate (formal proof of a will) being granted. This gives time to investigate the will before the estate is distributed. A caveat lasts six months and can be renewed.
Mediate.
Before going to court consider mediation. This is a less formal and usually less expensive way of settling disputes. A neutral third party (mediator) will help the parties reach an agreement.
Make a claim.
If mediation fails you can make a claim. This means filing a formal claim form and providing a full outline of your situation. The other side will then have a chance to respond.
Prepare for court.
If the dispute gets to court both sides will need to prepare their facts and arguments. This can be a long process so work closely with your solicitors throughout.
Court Hearing
The court will hear from both sides before making a decision. The judge can decide to uphold the will, declare it void or alter the distribution of the assets.
Outcomes
The outcome of contesting a will depends on the arguments and evidence presented. Possible outcomes:
Uphold the Will: The court may decide the will is valid and should stand as is.
If the court declares the will invalid the estate will be distributed according to the rules of intestacy or a previous will.
Alter the Provisions: In some cases the court may alter the distribution of the estate to provide for dependants or other claims.
Costs and Risks: Contesting a will can be expensive and time consuming. Legal fees can be high and there’s no guarantee of success. Before you proceed make sure you consider the financial and emotional costs.
Legal fees: If you win the court may order the estate to pay your legal fees. If you lose you may have to pay the other side’s costs.
Emotional Stress: Will disputes can put pressure on family relationships. Mediation can sometimes help to ease this.
Practicalities
Timing: Act quickly if you want to contest a will. Some claims have time limits, for example those under the Inheritance (Provision for Family and Dependants) Act 1975 which must be made within six months of the grant of probate.
Alternative Dispute Resolution: Mediation and negotiation can resolve disputes without the need for a court hearing. These can save time, money and stress.
Communication: Keep communication open with your family and dependants. Clear and polite communication can resolve misunderstandings and prevent problems from growing.
Conclusion
Contesting a will in the UK is a complex legal process that requires careful thought and professional advice. Knowing the legal grounds, gathering evidence and exploring other dispute resolution options can help you navigate this difficult process better.
Remember the end goal is to honour the deceased’s true wishes and justice for all parties involved.
