The process for contesting a will can be complex and emotionally charged, but understanding your rights and what needs to be considered can help you navigate what can be a challenging situation. Joe McBride, Acting Head of Commercial Litigation at Bromleys Solicitors, explores who is entitled to contest a will and what to expect.
Grounds for Contesting a Will
When people contest a will, there is often a reason they believe the will is not valid. There are several legal grounds on which a will can be contested:
- Lack of Testamentary Capacity
- For a will to be valid, the person making the will (the testator) must have the mental capacity to understand the nature and effect of their actions. If there is evidence that the testator lacked this capacity when making the will, it can be challenged.
- Revocation
- The will has in fact been revoked by marriage or civil partnership, divorce or annulment of marriage or civil partnership, destruction of the will or execution of a later will.
- Undue Influence
- If the testator was coerced or unduly influenced by another person when making the will, it may be contested. This may include situations where the testator was pressured or manipulated into making decisions that they would not have made by themselves.
- Lack of Valid Execution
- A will must be executed in accordance with specific legal requirements. This includes the document being signed by the testator and two witnesses. If these formalities are not followed, the will can be deemed invalid.
- Fraud or Forgery
- If there is evidence that the will was forged or that the testator was deceived into signing it, the will can be contested on the grounds of fraud.
- Lack of Knowledge and Approval
- The testator must have known and approved the contents of the will. If it can be shown that the testator did not understand or agree with the terms of the will, it may be contested.
- Rectification and Construction Claims
- If there is a clerical error or a failure to reflect the testator’s intentions in the will, a claim can be made to rectify or interpret the will in accordance with the testator’s true intentions.
Who Can Contest a Will?
Not everyone has the legal standing to contest a will. Generally, the following individuals can challenge a will:
- Beneficiaries: Those named in the will or a previous will.
- Family Members: Close relatives who would have inherited under the rules of intestacy if the will did not exist.
- Dependents: Individuals who were financially dependent on the deceased and believe they have not been adequately provided for in the will.
The Process of Contesting a Will
- Seek Legal Advice: The first step is to consult with a contentious probate lawyer who can assess the merits of your case and guide you through the process. They will advise the best route to take and ensure you are aware of your options.
- Gather Evidence: You will be asked to collect any relevant documents, medical records, and witness statements that support your claim.
- Mediation: Mediation is often encouraged to resolve disputes amicably and avoid court proceedings. This can save time, costs, and emotional stress.
- Court Proceedings: If mediation fails, the case may proceed to court. Your lawyer will help you prepare and present your case, and the court will decide based on the evidence presented.
Contesting a will is a challenging and complex process, so you need to ensure you have the highest quality legal support. At Bromleys, our team of legal experts have extensive experience assisting individuals in contesting wills, and are here to talk to you about your case. Call us today on 0161 768 15961 or email bromleys@bromleys.co.uk.