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Common myths about contesting Wills

Contesting a Will can be a challenging process, that can leave you feeling emotionally drained. There are many misconceptions and myths that often cloud people’s understanding of their legal rights and the procedures involved, which can put people off contesting a Will, when in reality, they had every legal right to do so.

In this blog, we dispel some of the most common myths to provide you with clarity on this sensitive topic.

Only spouses or children can contest a Will

One prevalent myth is that only spouses or children of the deceased have the right to contest a Will. This is not the case, the law allows various individuals to challenge a Will.

This includes anyone who was financially dependent on the deceased, anyone promised something verbally by the deceased, and even cohabitees under certain circumstances. Each case is unique, and the court considers several factors before deciding.

You can contest a Will for any reason

Many believe that dissatisfaction with the contents of a Will is sufficient grounds for a challenge. However, legal grounds for contesting a Will are specific and limited.

These include lack of testamentary capacity, undue influence, lack of valid execution, or the presence of a more recent Will. Simply being unhappy with your inheritance does not typically qualify as a valid reason.

Contesting a Will always leads to court battles

The idea that contesting a Will inevitably results in lengthy and expensive court battles is another myth. In many cases, disputes are resolved through mediation or negotiation, avoiding the need for court proceedings.

These alternative dispute resolution methods can be less confrontational and more cost-effective.

A Will is final and cannot be changed

Some people mistakenly believe that once a Will is written, it is set in stone. However, under certain circumstances, a Will can be contested and potentially altered. This is particularly true if the Will fails to make reasonable financial provision for certain individuals or if there are concerns about the validity of the Will.

Contesting a Will is always expensive

The cost of contesting a Will can vary significantly depending on the complexity of the case and the length of the proceedings. While it is true that legal costs can be high, in some cases, they are paid from the estate.

You have unlimited time to contest a Will

Many believe there is no time limit for contesting a Will. However, there are strict time limits in place, which vary depending on the type of claim. For example, claims under the Inheritance (Provision for Family and Dependants) Act 1975 must be made within six months from the date of the grant of probate.

Contesting a Will is a decision that should not be taken lightly. It is essential to have a clear understanding of the legal grounds for a challenge, the potential costs involved, and the likelihood of success.

If you are considering contesting a Will and are unsure of your legal rights, our expert team of Solicitors are here to help. Contact us today for further guidance.