Contesting a Will

_{If a relative or close friend of a deceased person is unhappy with the administration of probate, and what they have been left in a will, or feels that it does not comply with the deceased person’s wishes for any reason, it is possible to contest the will in court under a number of different laws.}

Anyone thinking of contesting a will should seek the advice of an experienced probate solicitor before taking action.

Why Contest a Will?

A will can be contested for any of the following reasons:

Failure to provide for family

If adequate provision is not made in a will for the deceased’s immediate family i.e. spouse, civil partner, children or other dependents, it can be contested under the Inheritance Act 1975, which allows relatives to claim a portion of the estate, potentially leaving those named in the will with less than they were originally allocated.

Undue Influence

This is where someone uses manipulation, deception or intimidation to influence the content of a person’s will. A person receiving an unprecedented sum of money in a will can be enough grounds to contest it, however, solid evidence of a person’s influence is hard to produce, making it difficult to prove.

Lack of Testamentary Capacity

A will written by someone who is physically or mentally ill, or under the influence of heavy painkillers, can be contested on the grounds that the person did not have sufficient mental capacity to make such decisions at the time. Again, this is a difficult factor to prove.

Forgery

Outright accusations of forgery are incredibly difficult to prove in court, as the person whose will has been forged cannot be there to give evidence.

It is usually more efficient to pursue an allegation that the deceased simply lacked knowledge or understanding of the contents of the will, due to its complicated nature.

If you feel you have been unfairly left out of a will or denied your rightful inheritance, or if someone is contesting your inheritance, contact a solicitor right away.