As a financial expert with years of experience, I’ve seen how contesting a will can be a complex and emotionally charged process. Whether you feel you’ve been unfairly left out of a will or suspect something isn’t right about its creation, understanding the grounds for contesting a will and the process involved is crucial. Let’s explore the key aspects of challenging a will in the UK as of February 2025.

Grounds for Contesting a Will

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 it (the testator) must have had the mental capacity to understand what they were doing. This means they must:

• Understand they are making a will and its effects
• Know the extent of their property and assets
• Comprehend who might have claims on their estate

With the rising number of dementia and Alzheimer’s cases in the UK, this ground for contesting has become increasingly common.

Undue Influence or Coercion

If someone pressured or coerced the testator into changing their will, it may be deemed invalid. This can be challenging to prove as it often occurs behind closed doors.

Lack of Knowledge and Approval

The testator must have understood and approved the contents of their will. If there’s reason to believe they didn’t fully comprehend what they were signing, the will could be contested.

Lack of Valid Execution

A will must meet certain legal requirements to be valid, including:

• Being in writing
• Signed by the testator
• Witnessed by two independent people

If these formalities weren’t followed, the will may be invalid.

Forgery and Fraud

If there’s evidence that the will was forged or created fraudulently, it will be deemed invalid. These cases often require expert evidence to prove.

The Process of Contesting a Will

If you believe you have grounds to contest a will, here’s an overview of the process:

1. Seek Legal Advice

Contact a solicitor specializing in contentious probate. They can assess your case and advise on the best course of action.

2. Act Quickly

While there’s no strict time limit for challenging a will’s validity, it’s crucial to act before the estate is distributed. For claims under the Inheritance Act, there’s a six-month deadline from the grant of probate.

3. Gather Evidence

Collect all relevant documents, including:

• A copy of the will
• Medical records (if contesting on grounds of mental capacity)
• Witness statements
• Any correspondence related to the will

4. Enter a Caveat

This prevents the grant of probate and stops the estate from being distributed while you investigate your claim.

5. Negotiate

Many disputes are resolved through negotiation or mediation without going to court. This can save time and money for all parties involved.

6. Court Proceedings

If negotiation fails, you may need to issue court proceedings. This is a lengthy and potentially expensive process, often taking 6-18 months to reach trial.

Costs of Contesting a Will

It’s important to consider the potential costs before contesting a will. While the general rule is that the losing party pays the winning party’s costs, there are exceptions. In some cases, costs may be paid from the estate.The cost of contesting a will can be substantial, potentially running into thousands of pounds. In some instances, it may even exceed the value of the estate. Therefore, it’s crucial to weigh the potential benefits against the costs and risks involved.

Conclusion

Contesting a will is a serious undertaking that requires careful consideration and expert guidance. While it can be a way to right perceived wrongs or ensure a loved one’s true wishes are honored, it’s not a decision to be taken lightly.If you believe you have grounds to contest a will, seek legal advice promptly. A specialist solicitor can help you understand your options, assess the strength of your case, and guide you through the process.Remember, the goal of contesting a will should be to ensure justice and fairness, not to create further conflict. Always consider the potential impact on family relationships and try to resolve disputes amicably where possible.

Frequently Asked Questions (FAQ)

Q1: Can I contest a will without a solicitor?
While it’s possible, contesting a will is complex. Professional legal advice is strongly recommended to navigate the process effectively.

Q2: How long does it take to contest a will?
The process can take anywhere from a few months to over a year, depending on the complexity of the case and whether it goes to court.

Q3: Can I contest a will after probate has been granted?
Yes, but it’s more challenging. It’s best to act before probate is granted if possible.

Q4: What if the person contesting the will loses?
Generally, they would be responsible for their own legal costs and potentially those of the winning party. This underscores the importance of carefully considering your case before proceeding.

Q5: Can a will be contested if it includes a ‘no contest’ clause?
Yes, these clauses (also known as in terrorem clauses) are not legally binding in the UK. You can still contest the will, but consider the potential consequences carefully.