Can you contest a Will UK?

In the UK, you are legally entitled to leave your estate to beneficiaries of your choice. However, certain individuals may be able to make a claim against an estate if they have been left out. In addition, a Will can be challenged for several reasons, including if it is not valid. We answer the question, Can you contest a Will in the UK? and look at the relevant grounds.

At Lockings Solicitors, we have a high level of expertise in dealing with Wills and inheritance disputes, commonly referred to as contentious probate cases. Our team is headed by Associate Director Sarah Thomsen, who is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS) and regularly deals with complex and high-value cases. Sarah has over twenty years of litigation experience and also heads our civil litigation department.

All of our contentious probate team members have wide experience of dealing with Wills and inheritance disputes. We aim to handle matters out of court if possible, reducing the time taken to resolve disagreements and aiming to minimise conflict.

If you would like to discuss challenging a Will or making an inheritance claim, call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will ring you back promptly. We have offices in Beverley, Hull and York and represent clients across the UK and abroad if the matter relates to English property and estates.

Can you contest a Will UK?

The main reasons for contesting a Will are that:

· It is invalid, unclear or ambiguous

· You have been left out of the Will

Invalid Wills

A Will may be invalid if:

· It was not correctly signed and witnessed

· The person who signed the Will (the testator) did not have enough understanding to make a Will

· The testator did not know and approve the contents of the Will

· There is fraud or forgery

How do I prove that a Will is invalid?

To prove that a Will is not valid, the person challenging the Will needs to obtain evidence in support of their case. This could include:

· Obtaining the file from the solicitors who prepared the Will, which will contain the testator’s instructions and details of their state of mind and their understanding as well as information about whether they knew and approved the contents of the Will

· Taking witness statements from individuals in the testator’s life, including in respect of their relationships and their intentions

· Obtaining evidence from professionals such as GPs, carers and social workers who may have had relevant contact with the testator

What happens if a Will is invalid?

If the court declares that a Will is invalid, then it cannot be used. Instead, if there is an earlier valid Will that is still in existence, this will take effect.

If there is no other Will, then the beneficiaries who are entitled to inherit are those named under the Rules of Intestacy. The rules name categories of beneficiaries in order of preference. If the deceased left a spouse and children, the spouse will inherit the first £322,000* of the net estate plus half of the remainder. The deceased’s children will share the other half of the remainder equally.

If the deceased did not have a spouse, civil partner or children, other relatives will inherit, including parents or, if there are no parents, siblings.

* this figure may be different depending on when the deceased died.

Making a claim if you are left out of a Will

It can be distressing to be left out of the Will of a close relative. You may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act) if you have not received the financial support you need. This includes if you have been left less than you require.

You may also be able to claim if the deceased did not leave a valid Will and their estate is passing under the Rules of Intestacy. For example, the rules do not make any provision for step-children or cohabiting partners, both of whom may be able to make an Inheritance Act claim.

Make an Inheritance Act claim

The following individuals are entitled to make an Inheritance Act claim if they are cut of a Will:

· The deceased’s spouse or civil partner

· A former spouse or civil partner who has not remarried or entered into another civil partnership

· A cohabiting partner who lived with the deceased for at least two years immediately before their death

· A child of the deceased

· Anyone the deceased treated as a child of the family

· Anyone the deceased was supporting financially at their death, including by provision of housing and rental accommodation where the rent paid was below market rent

How much is an Inheritance Act claim?

A spouse or civil partner can be awarded a similar amount to the sum they might have received in a divorce or civil partnership dissolution.

Other individuals on the list will be awarded what the court considers to be ‘reasonable financial provision’. This will aim to meet living expenses. In deciding how much this will be, the judge will take into account:

· Your financial needs and resources, including those you are likely to have in the foreseeable future

· The financial needs and resources of other beneficiaries and other claimants, now and in the foreseeable future

· Any obligations and responsibilities the deceased had towards other individuals

· The size and nature of the estate

· Any physical or mental disabilities of the any beneficiaries or claimants

· Any other relevant factors, which can include the conduct of those involved

What is the time limit to contest a Will in the UK?

It is advisable to start a claim as soon as possible, preferably before a Grant of Probate has been issued. If you intend to make an Inheritance Act claim, this must be filed with the court within six months of the date of the Grant of Probate.

In any event, the sooner you instruct contentious probate solicitors, the better. It is generally easier to obtain strong evidence earlier on in the process while records are still readily available and the circumstances are fresh in the memories of those involved.

Contact our solicitors to contest a Will

If you wish to contest a Will or make an inheritance claim against an estate, contact us today. Call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will call you back promptly. We have offices in Beverley, Hull and York and represent clients across the UK and abroad if the matter relates to English property and estates.