How do you contest a Will?

Whether you are worried about the way in which a Will was made or you have been left out of a Will, our contentious probate solicitors can help. Below, we answer the question, how do you contest a Will? and look at valid grounds for raising a challenge.

We deal with a full range of contentious probate issues, including complex and high-value claims. We treat matters with sensitivity and will give you the support and guidance you need.

We know that taking on a legal case may seem daunting and we will always make sure that you have clear explanations for everything and that we avoid legal jargon. We will give you an honest appraisal of your claim and discuss the potential outcomes.

Our service is flexible, so that you will be able to speak to us in the way that you want at a time that is convenient.

Our contentious probate team is led by Associate Director Sarah Thomsen, who also leads our civil litigation department and has over twenty years of trial experience. Sarah is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS), the leading organisation for contentious probate lawyers. She leads a team with a high level of expertise and broad knowledge in all types of Wills claims.

If you would like to discuss how to contest a Will, 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.

When can I contest a Will?

There are several reasons why you can contest a Will. These fall into two main categories:

• The Will is not valid
• You were left out of the Will or received less than you need

Contest an invalid Will

A Will can be invalid if:

• The person who made it, known as the testator, did not have the mental capacity to make a Will. This is known as a lack of testamentary capacity
• Will was not correctly signed and witnessed
• The testator did not know or approve the contents of the Will
• The testator was placed under undue influence to sign or change their Will
• There has been fraud or forgery

Testamentary capacity

The testator needs to understand the implications of making a Will. This means that they should:

• Understand the nature and effect of making a Will
• Know the extent of their estate
• Give consideration to those who may have a claim for support

In establishing whether this was the case, it may be necessary to obtain the solicitor’s file from when the Will was drafted and signed as well as obtaining evidence from individuals who have knowledge of the deceased’s understanding at the time.

Lack of knowledge and approval

The testator must also know what the Will contains and approve the contents. A solicitor will generally ensure that this is the case, but if someone has been given a Will to sign without fully knowing and approving the contents, it may be possible to have it declared in invalid.

Undue influence or duress

If the testator has been pressured by someone into making a Will that favours that person, this is undue influence. You may have cause for concern if:

• The testator made sudden unexplained changes to their Will
• The Will was different to previously expressed wishes
• Someone new to the testator’s life is included in their Will
• Someone moved into the testator’s life and excluded others and the new Will benefits that person
• The testator was dependent on someone and subsequently made a Will in their favour
• Someone who had influence over the testator had their share of the estate substantially increased
• The testator was vulnerable or elderly when they made their Will and subjected to duress

If you believe that someone has been coerced into making their Will, speak to us today and we will be able to provide advice. We can assess the strength of your case and discuss the options available to you.

Ambiguity

In some circumstances, while a Will is valid it may be ambiguous or unclear. This can result in a disagreement over what was intended and the court can be asked to make a ruling if it is not possible to find a solution by way of negotiation.

Make an Inheritance Act claim

If you have been left out of a Will or you believe you should have inherited more, you may be entitled to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, often referred to as an Inheritance Act claim.

Those eligible to make this type of claim are:

• 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 prior to their death
• A child of the deceased
• Someone the deceased treated as a child of the family
• Anyone being supported financially by the deceased when they died

It is possible to make an Inheritance Act claim if the deceased did not leave a Will.

How do you contest a Will UK?

The first step to contest a Will is to speak to a contentious probate solicitor about your case. If you ask us to help, we will examine the details and assess the strength of your claim. We will then be able to discuss your options.

We always aim to deal with contentious probate out of court. This is not only faster and more cost-effective, it can stop family relationships from deteriorating.

We can put your claim clearly to the estate’s executors and ask them to respond. Where necessary, we can negotiate with them to try and reach a settlement. It is often the case that executors are motivated to settle to avoid lengthy delays in the administration process and the need for the estate to pay for legal action.

It may be possible to go to mediation to try and find a solution if negotiation is not successful. A neutral mediator will help you and the other party explore the options for settlement. No outcome would be imposed on you – any settlement would be agreed on by both sides.

Where necessary, we can take your claim to court. We will ensure that it is supported by robust evidence and that you have representation from an experienced contentious probate advocate.

Contact our solicitors to contest a Will

If you want to discuss how to contest a Will, our contentious probate solicitors will be happy to help.

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.