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Contesting a Will

There has been an ongoing surge in family arguments over inheritance over the last decade.

With more people recently passing away unexpectedly due to COVID-19, many people did not have the chance to update their Wills.

However, complex families and an ageing population have meant that inheritance disputes have been on the rise since well before COVID-19.

On what grounds can I contest a Will?

To contest a Will, you will need to ensure you have a valid legal reason. These may include:

Lack of approval or knowledge: the deceased was unaware of the contents of the Will
An error was made while drafting the Will
Undue influence: the deceased was pressured into writing the Will
Lack of testamentary capacity: the deceased was not of sound mind
Fraud: the document was tampered with
The Inheritance (Provision for Family and Dependants) Act 1975: an individual may have been unfairly excluded from the Will
Section 9 of the Wills Act 1937: a Will is invalid because it was not properly executed

What should I do if I believe I have grounds to contest a Will?

If you believe you have grounds to contest a Will, our Contentious Probate Solicitors will be able to provide advice and, if there are grounds, we can help you to formally challenge a Will.

A claim under the Inheritance Act must be made within 6 months from the date of issue of the grant of probate. We recommend contacting us as soon as possible upon learning you have not been properly provided for under a Will or the intestacy rules.

There is no time limit to make a claim disputing the validity of a Will but we recommend contacting us as quickly as possible and preferably before estate assets have been distributed. Claims may be rejected by the court if it considers there has been undue delay in bringing a claim.

Whatever the reason for contesting a Will, at Mander Hadley, our friendly and knowledgeable team are here to help.

For more advice or information on this, please visit our website today.