Contest a Will
Losing a loved one is a painful enough process. Add to that the discovery that your loved one's Will is not what you expected and the grief can be compounded by disappointment and stress. However, you may not have to just put up with it.
Contesting a Will seems a daunting process, but it doesn't have to be with the appropriate advice and specialist knowledge. Here we outline the main factors and what you need to do to Contest a Will in England & Wales.
In simple terms there are two situations where you may want to contest a Will; if the Will is thought to be invalid, or if the Will does not adequately provide for you financially.
An Invalid Will.
A Will may be considered invalid if it can be shown that it was negligently or fraudulently drafted, or was forged; the deceased was coerced, or lacked the mental capacity when making and signing the Will; the Will was improperly signed or witnessed, or the Will is found to have been revoked or superseded.
You must be able to provide proof of your suspicions as to validity in order to successfully contest a Will. This is often difficult to demonstrate satisfactorily to a court.
If a Will is pronounced invalid any prior Will usually takes its place. It is therefore necessary to establish whether you will benefit from a successful challenge to a Will before deciding to contest it.
Inadequate Provision from a Will.
A claim of Inadequate Financial Provision from the estate of a deceased can be brought under the Inheritance (Provision for Family and Dependants) Act 1975. Only certain family members can make a claim under this Act. Such as a child, next of kin, sole living relative, a spouse / civil partner or former partner. You may also be able to contest if you are a person who was financially dependent / received maintenance from the deceased, a cohabitee of at least 2 years, or a person who was treated as a 'child of the family'.
However, having such a relationship does not automatically entitle you to benefit from the proceeds of an estate. Many factors that will be taken into account when assessing whether adequate provision has been made. Such as your financial situation and whether you are in receipt of a regular income, whether the deceased had any obligations towards you, any disabilities, and details of your relationship.
So what happens next? If you think you have grounds to contest a Will you should move quickly. Any cases being brought under the Inheritance Act 1975 should be lodged within 6 months of probate being granted. Always get specialist legal advice. Lodge a Caveat with the Probate Registry if you are in doubt over the validity of the Will. Open a dialogue with the executors / beneficiaries of the Will in order to attempt to resolve your dispute amicably, and above all be patient, cases may be complicated and investigation and proceedings can take some time!
Where no agreement can be reached it may be necessary to take matters further via the courts. The court will evaluate all the evidence for and against the claim before making a decision, usually following a trial.
The above does not constitute legal advice and each individual case should be considered on its own merits.
Contesting a Will seems a daunting process, but it doesn't have to be with the appropriate advice and specialist knowledge. Here we outline the main factors and what you need to do to Contest a Will in England & Wales.
In simple terms there are two situations where you may want to contest a Will; if the Will is thought to be invalid, or if the Will does not adequately provide for you financially.
An Invalid Will.
A Will may be considered invalid if it can be shown that it was negligently or fraudulently drafted, or was forged; the deceased was coerced, or lacked the mental capacity when making and signing the Will; the Will was improperly signed or witnessed, or the Will is found to have been revoked or superseded.
You must be able to provide proof of your suspicions as to validity in order to successfully contest a Will. This is often difficult to demonstrate satisfactorily to a court.
If a Will is pronounced invalid any prior Will usually takes its place. It is therefore necessary to establish whether you will benefit from a successful challenge to a Will before deciding to contest it.
Inadequate Provision from a Will.
A claim of Inadequate Financial Provision from the estate of a deceased can be brought under the Inheritance (Provision for Family and Dependants) Act 1975. Only certain family members can make a claim under this Act. Such as a child, next of kin, sole living relative, a spouse / civil partner or former partner. You may also be able to contest if you are a person who was financially dependent / received maintenance from the deceased, a cohabitee of at least 2 years, or a person who was treated as a 'child of the family'.
However, having such a relationship does not automatically entitle you to benefit from the proceeds of an estate. Many factors that will be taken into account when assessing whether adequate provision has been made. Such as your financial situation and whether you are in receipt of a regular income, whether the deceased had any obligations towards you, any disabilities, and details of your relationship.
So what happens next? If you think you have grounds to contest a Will you should move quickly. Any cases being brought under the Inheritance Act 1975 should be lodged within 6 months of probate being granted. Always get specialist legal advice. Lodge a Caveat with the Probate Registry if you are in doubt over the validity of the Will. Open a dialogue with the executors / beneficiaries of the Will in order to attempt to resolve your dispute amicably, and above all be patient, cases may be complicated and investigation and proceedings can take some time!
Where no agreement can be reached it may be necessary to take matters further via the courts. The court will evaluate all the evidence for and against the claim before making a decision, usually following a trial.
The above does not constitute legal advice and each individual case should be considered on its own merits.
