At Higgins Miller, we understand that dealing with the death of a loved one is always a challenging and emotional time. When disagreements arise regarding the contents of a will, it can make the situation even more distressing. Contesting a will is a legal process through which individuals can challenge the validity or fairness of a will, usually if they feel they have been unfairly treated or left out of the deceased’s estate.
This article will guide you through what it means to contest a will, the common reasons for doing so, and the legal aspects surrounding the process.
What does it mean to contest a Will?
To contest a will means to challenge its validity in a court of law. When someone dies and leaves a will, it is intended to be a final expression of their wishes regarding how their estate is to be distributed among family, friends, or other beneficiaries. However, disputes can arise when one or more parties believe that the will does not reflect the true intentions of the deceased or that it is legally invalid for various reasons.
Situations where contesting a Will may arise
There are several circumstances under which someone might contest a will. Some of the most common situations include:
Lack of testamentary capacity: For a will to be valid, the person creating it (the testator) must have been of sound mind, meaning they fully understood the nature and extent of their estate and the consequences of making the will. If there is evidence that the testator lacked this mental capacity—due to conditions like dementia or severe mental illness—the will can be contested on these grounds.
Undue influence or coercion: A will may be contested if it is believed that the testator was subjected to undue influence or pressure from another person when making the will. This occurs when the testator’s decision-making is overpowered by another person, often a caregiver, relative, or friend, leading to an outcome that unfairly benefits the influencer.
Fraud or forgery: If there is suspicion that the will has been tampered with, forged, or created under fraudulent circumstances, it can be contested. Fraud can include scenarios where the testator was misled about what they were signing or if the signature on the will was forged entirely.
Improper execution: For a will to be legally valid in the UK, it must comply with specific legal formalities. The will must be in writing, signed by the testator in the presence of two witnesses, who must also sign the will in the presence of the testator. If these formalities are not followed correctly, the will could be invalidated, and a contest may be brought forward.
Lack of provision for dependents: If a will fails to make reasonable provision for certain dependents of the deceased—such as a spouse, child, or someone financially dependent on them—a claim can be made under the Inheritance (Provision for Family and Dependents) Act 1975. This allows for dependents who were left out or insufficiently provided for in the will to contest its provisions.
Disputes between heirs and beneficiaries: Even when a will is valid, disputes may arise between beneficiaries. For example, family members may disagree over the value of certain assets, how the estate is divided, or the roles and responsibilities of the executor. These disputes can sometimes lead to legal challenges over the terms of the will.
Legal aspects of contesting a Will
Contesting a will involves navigating a number of legal complexities, and there are specific steps to follow to make a valid challenge. Here’s what to consider if you believe you have grounds to contest a will:
Standing to contest: Not everyone has the right to contest a will. You must have “standing,” which means you must have a vested interest in the will. Typically, this includes close family members, dependents, or individuals who would have received more from the estate if the will had not existed, such as under intestacy rules.
Time limits: In the UK, strict time limits apply when contesting a will. For example, if you are making a claim under the Inheritance Act for reasonable provision, you have six months from the date of the grant of probate to make your claim. However, in cases involving fraud or undue influence, there may be different time limits, so it’s essential to act quickly if you have concerns.
Evidence and Burden of Proof: Successfully contesting a will requires strong evidence. For claims of undue influence, for example, you must prove that the testator was coerced or manipulated into making the will. In cases of lack of capacity, medical records and witness testimony may be necessary to demonstrate the testator’s mental state at the time the will was created.
Court proceedings: Contesting a will is often a formal legal process that can involve lengthy court proceedings if the dispute cannot be resolved through negotiation or mediation. The court will examine the evidence, hear from witnesses, and determine whether the will is valid or needs to be altered or set aside.
Costs of contesting a Will: Legal disputes over wills can be expensive. While costs can sometimes be covered by the estate, this is not always the case, particularly if the challenge is unsuccessful. It’s important to discuss the potential costs of contesting a will with your solicitor to understand the financial implications.
How we can help
At Higgins Miller, we are experienced in handling sensitive disputes over wills and inheritance. We understand that contesting a will is not only a legal issue but also an emotional one, often involving complex family relationships. Our compassionate and professional team is here to offer guidance through every stage of the process.
Whether you have concerns about the validity of a loved one’s will or believe you’ve been unfairly left out, we can help you explore your options and take the appropriate legal steps. We aim to resolve disputes as amicably as possible, but we are also fully prepared to represent your interests in court if necessary.
Contesting a will can be a challenging and emotionally charged process. It requires a deep understanding of the legal requirements surrounding wills and the specific grounds on which a challenge can be made. If you believe that a will is invalid or that it fails to make adequate provision for you or another dependent, it’s important to act quickly and seek professional legal advice.
At Higgins Miller, we are committed to helping you navigate the complexities of contesting a will and ensuring that your rights are protected. If you need expert advice, don’t hesitate to contact us today for a consultation.
If you find yourself in a situation involving potentially contesting a Will, please don’t hesitate to give us a call on 0161 429 7251 or if you’d prefer, you can email us at [email protected].
With our team, we manage every individual case with respect, confidentiality and discretion. We will always listen and impartially guide you, so you to find the best resolution for you and your current situation.
We look forward to assisting you whenever you may need us.