Will Disputes

How To Challenge a Will

Will disputes often arise when family members or other parties feel they’ve been unfairly treated or excluded from a loved one’s estate. However, disputing a will can be an emotionally and legally complex process.

In fact, disputing a Will is never easy, but if you genuinely believe the will is invalid or you’ve been unfairly left out, you have legal options and it’s essential to act quickly.

Reach out to our team at First Personal Injury. We work with lawyers who are highly experienced in this area of law and who can help you today.

What Is a Will Dispute?

A will dispute occurs when someone challenges the validity of a will or raises concerns about its content. Furthermore, disputes may involve allegations of fraud, undue influence, lack of mental capacity, or improper execution. Most cases are settled out of court through mediation or negotiation.

This type of claim falls under Contentious Probate which refers to legal disputes over how a loved one’s estate is being handled. In many cases, will disputes arise after the death of the testator (the person who made the will), when their estate is being administered.

Common Reasons to Contest a Will

There are several legal grounds under which a will may be contested. Here are some the most common:

Lack of Testamentary Capacity

A person must have the mental capacity to make a valid will. This means they must understand:

• The nature and effect of making a will,
• The extent of the property they are distributing,
• The claims of those who might expect to benefit.

If a testator was suffering from a mental illness such as dementia, Alzheimer’s, or another cognitive impairment, the will could be challenged for lack of capacity.

Improper Execution

Under law, a valid will must be:

• In writing,
• Signed by the testator (or someone in their presence),
• Witnessed by two independent witnesses who are present at the same time.

A will that does not meet these criteria may be ruled invalid.

Undue Influence

If someone coerced or pressured the testator into changing or writing a will in their favour, this is considered undue influence. Additionally, such influence may be subtle or overt and often involves a person in a position of trust, such as a caregiver or close relative.

Fraud or Forgery

If the signature was forged or the contents were altered fraudulently, the will can be disputed on grounds of fraud or forgery. This type of claim often requires forensic evidence and expert testimony.

Lack of Knowledge and Approval

Even if the will is properly executed, it must be proven that the testator knew and approved its contents. Furthermore, suspicious circumstances may cast doubt on this requirement, for example any changes made shortly before death.

Inheritance Act Claims

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can challenge a will if they were financially dependent on the deceased and the will fails to make adequate provision for them. So, eligible claimants include:

• Spouses or civil partners,
• Children (including adult children),
• Cohabitants,
• Former spouses who haven’t remarried.

What to Do Next If You Think a Will Is Invalid

If you believe a will is invalid or unfair, it’s crucial to seek legal advice as soon as possible. Below are the key steps to take:

Obtain a Copy of the Will

You can request a copy of the will from the executor or apply to the Probate Registry if probate has been granted. Reviewing the will is the first step in identifying potential grounds for dispute.

Enter a Caveat

If you want to stop probate from being granted while you investigate the will, you can enter a caveat with the Probate Registry. This prevents the distribution of the estate and gives you time to consider legal options. A caveat lasts for six months and can be renewed.

Gather Evidence

You may need to collect:

• Medical records of the deceased,
• Witness statements,
• Records of communication (emails, letters),
• Expert reports (e.g., handwriting analysis).

Solid evidence is key to proving your claim in court or reaching an out-of-court settlement.

Seek Legal Advice

Consulting a solicitor who specialises in contested probate or will disputes is vital. They can assess your claim, gather evidence, and negotiate with other parties on your behalf.

Time Limits for Contesting a Will

Time limits for will disputes depend on the type of claim:

• Inheritance Act claims: 6 months from the date of probate.
• Fraud or forgery: No time limit, but earlier is better.
• Claims of undue influence or lack of capacity: Ideally within 6-12 months.

Delays can limit your chances of success, so act promptly.

Contact Us Today

Our panel firms can guide you through the process to get the help you need at this difficult time.

We offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

Call us at 0333 358 2345 or contact us online for a free consultation.