Unfortunately, even with the best intentions, wills do not always bring the certainty people expect. Sometimes family members or dependants feel they have been treated unfairly or left out entirely. In other cases, questions may arise about whether the will was valid, whether the deceased had the mental capacity to make it, or if undue influence was involved.
When these issues occur, disputes can quickly arise between grieving relatives and friends, adding extra stress at an already difficult time.
In this blog, we explore the most common grounds for challenging a Will and the situations in which disputes are most likely to happen.
Why wills are contested?
People may contest a will for several reasons, but most disputes arise from concerns that the document is invalid, does not reflect the true intentions of the person who made it, or leaves someone without adequate financial provision.
Lack of mental capacity, undue influence, forgery, fraud, and improper execution all could constitute grounds for contesting a will’s validity.
Ambiguity in the will
A will must be clear and up to date. If not, it can leave some doubt about the intention of the will’s maker, also known as the ‘testator’.
Where the testator’s intentions are unclear, a beneficiary (someone who is set to receive benefits from the will) may be able to reach an agreement with the other beneficiaries on the intended meaning.
If an agreement cannot be reached, then you may be able to seek clarification from the court. The court will look at the language of the will to see if the intention of the testator can be determined. If the court can’t establish the testator’s intention from the wording, it will then look at the surrounding circumstances.
If a will has been poorly drafted, there may be a chance to bring a professional negligence claim against the firm that drafted the will.
Testamentary capacity
The test for capacity, or whether someone is mentally capable of making a will, is crucial to establishing the validity of a will. A testator must:
- Understand that they are signing a will and understand its effect,
- Understand the property that they own and are disposing of,
- Appreciate or understand the needs of the potential beneficiaries, and;
- Be of sound mind.
Generally, the more complex or high-value a will is, the greater the level of mental capacity required from the person making it, since they need to fully understand the nature and impact of the decisions involved. If a beneficiary wishes to pursue a claim against the will on the grounds of mental incapacity, they must be able to prove that the testator was lacking that capacity.
No provision
If you choose to leave a close relative out of your will, a solicitor can advise you on how to do so with an obvious display of intention. This will likely include making a detailed file note of your reasons and keeping them properly stored so that there is a record of your reasoning and sound decision-making. Doing this can help safeguard againstany disgruntled family members making a claim against the estate.
Challenging a will
Our contentious probate team are experts in challenging a will and can guide you through each stage of the process. The first stage is to obtain a copy of the will and determine your grounds, be that the invalidity of the will, or an Inheritance (Provision for Family and Dependants) Act 1975 Claim.
Our legal team can then help you to gather evidence and provide advice, entering a caveat with the probate registry if necessary to temporarily stop executors from distributing the estate. Wherever possible, our experts will find a solution through negotiation or mediation, but if involving the court proves necessary, then we will represent you with confidence and professionalism.
Time limits for contentious probate claims
In the UK, you generally have six months from the date the grant of probate (or grant of letters of administration, if there is no will) is issued to bring a claim to rectify a will.
The same six-month time limit applies to claims made under the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain individuals to seek reasonable financial provision from an estate if they feel they have been unfairly left out or inadequately provided for.
Different time limits apply depending on the type of claim. For example, beneficiaries may be able to bring certain claims against an estate—such as a breach of trust—within 12 years of the date of death. Meanwhile, claims involving fraud, misappropriation of assets, or challenges to the validity of a will do not have a strict time limit, although the court will expect claims to be made without unreasonable delay.
Because these time limits vary and can be strictly enforced, it is important to act quickly if you are considering contesting a will or making another type of contentious probate claim. Levi Solicitors can advise you on the merits of your case and ensure the claim is made within the appropriate time frame.
Grounds for challenging a will in probate disputes
Common grounds for challenging a will and its validity include:
- The will was not made legally, such as it was not properly signed or witnessed.
- The testator lacked mental capacity.
- The testator did not properly review or understand the contents of the will.
- The testator was under undue influence.
- Suspected fraud or forgery.
A challenge to a will can lead to a variety of outcomes. For instance, if the will is held to be invalid, the estate may be shared out under the Intestacy Rules or perhaps according to a previous will. Each case is different, but your contentious probate claims solicitors can help you no matter your reasons for challenging a will.
Evidence in Contentious Probate Claims
Contested probate claims require evidence to be successful, and your contentious probate solicitors can help gather the correct provisions to give your case the best possible chance of success.
To establish grounds for challenging a will, you may be asked to gather medical records that relate to the mental capacity of the testator, financial documents, receipts, witness statements, correspondence between the deceased and their family members, and potentially expert reports such as handwriting analysis.
How Our Contentious Probate Solicitors Can Help
Our will dispute claims team understands how distressing it can be to see the estate of a recently deceased loved one handled in a way that is unfair or unaligned with what they would have wanted.
If you are considering making a claim against a will, our experts can help you to do so with minimal damage to your family relationships and a commitment to a fair and accurate dispersal of the estate.
Whether you are concerned about the validity of a will or considering challenging it, we can help. Contact our contested wills team today on 0800 988 7756 for an initial chat or book an appointment here.
