How to Contest a Will in the UK - Legal Advice & Support

How to Contest a Will in the UK: A Complete Guide

Challenging a will is a complex legal process in the UK, but it may be necessary if you believe the will does not reflect the true intentions of the deceased or if you’ve been unfairly excluded. Whether you're an aggrieved family member, a dependent, or someone promised an inheritance, understanding the grounds for contesting a will and the legal process is essential. This guide will walk you through everything you need to know about challenging a will in the UK.

What Does Contesting a Will Mean?

Contesting a will means legally challenging the validity or fairness of a will in probate court. You may want to contest a will if you believe:

• The will was not legally valid.
• The deceased was coerced or under undue influence.
• The deceased lacked the mental capacity to make the will.
• You have been unfairly left out or not provided for under the will, despite being a dependent.

Legal Grounds for Contesting a Will in the UK

To successfully contest a will, you must have valid legal grounds. Here are the most common reasons:

1. Lack of Testamentary Capacity

   • The person making the will (the testator) must have been of sound mind at the time of signing the will. If they were suffering from conditions like dementia, Alzheimer's, or severe mental health issues, the will may be deemed invalid.
   • Evidence such as medical records and witness statements may be required to prove a lack of capacity.

2. Lack of Valid Execution

   • For a will to be legally valid in the UK, it must be in writing, signed by the testator in the presence of two witnesses, and signed by those witnesses in the presence of the testator. If these formalities are not followed, the will may be contested.

3. Undue Influence or Coercion

   • If the testator was pressured or manipulated into making the will, it can be contested on the grounds of undue influence. This often involves family members or carers exerting pressure on the testator to alter the will in their favor.

4. Fraud or Forgery

   • If the will was forged or altered fraudulently, it can be challenged. This is a serious accusation and requires substantial evidence, such as handwriting analysis or witness testimonies.

5. Lack of Knowledge and Approval

   • If the testator did not fully understand the contents of the will or was misled about what they were signing, the will may be invalid. This can occur if the testator was unwell, visually impaired, or not fluent in English.

6. Reasonable Financial Provision (Inheritance Act 1975)

   • If you were financially dependent on the deceased but were left out of the will or received an unfair share, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Who Can Contest a Will?

Not everyone can contest a will. Typically, the following individuals are eligible:

• Spouses and Civil Partners: If they were left out or not adequately provided for.
• Children: Including adult children, stepchildren, and those treated as children of the family.
• Ex-Spouses or Civil Partners: If they have not remarried.
• Dependents: Anyone who was being financially supported by the deceased.
• Beneficiaries: Named in a previous will or those who were promised an inheritance but were excluded from the final will.

How to Contest a Will in the UK: The Process

1. Obtain Legal Advice

   • Contesting a will is a complex process, so it's essential to consult with a solicitor who specializes in contentious probate to assess the strength of your case.

2. Gather Evidence

   • Collect all relevant documents, such as the will itself, previous versions of the will, medical records, witness statements, and any correspondence that supports your claim.

3. File a Caveat with the Probate Registry

   • A caveat temporarily prevents the estate from being distributed while you investigate your grounds for contesting the will. This can be filed for a fee of £20 and lasts for 6 months but can be renewed.

4. Mediation and Negotiation

   • Before going to court, it’s often possible to resolve disputes through mediation. This is a less costly and time-consuming way to reach an agreement.

5. Issue a Court Claim

   • If mediation fails, you may need to take the matter to court. Be prepared for potentially high legal fees and a lengthy process.

6. Attend Court Hearings

   • If the case goes to court, both sides will present their evidence, and the judge will make a ruling on whether the will is valid or should be set aside.

Costs of Contesting a Will in the UK

Contesting a will can be expensive, with legal fees ranging from £5,000 to £50,000 or more, depending on the complexity of the case and whether it goes to court. However, in some cases, the court may order that the costs be paid from the estate if you are successful.

Funding Options:

• No Win, No Fee Arrangements: Some solicitors offer conditional fee agreements.
• Legal Insurance: If you have legal expenses insurance, it may cover some of the costs.
• Payment Plans: Many law firms offer flexible payment options.

Pros and Cons of Contesting a Will

Pros:

• Potential Financial Gain: Successfully contesting a will can secure a more significant share of the estate.
• Justice: Ensures that the deceased’s wishes are respected or that dependents are adequately provided for.

Cons:

• High Legal Costs: The process can be expensive, especially if it goes to court.
• Family Conflict: Challenging a will can cause disputes among family members and damage relationships.
• Emotional Stress: The process can be lengthy and emotionally draining, particularly during a time of grief.

How Fraser Bond Can Assist You with Contesting a Will

Fraser Bond offers expert advice and legal support to help you contest a will in the UK:

• Specialist Solicitors: Access to experienced probate solicitors who can guide you through the legal process.
• Personalized Support: Tailored advice based on your specific situation to maximize your chances of success.
• End-to-End Assistance: From filing caveats to representing you in court, we provide comprehensive support throughout the process.

Frequently Asked Questions

1. Can I contest a will if I’m not a beneficiary?
   Yes, if you were financially dependent on the deceased or were promised an inheritance, you may have grounds to contest the will.

2. How long do I have to contest a will in the UK?
   You generally have 6 months from the date of the grant of probate to make a claim under the Inheritance Act. For other grounds, it's best to act as soon as possible.

3. Can a will be contested after probate has been granted?
   Yes, but it becomes more difficult. You will need to act quickly and seek legal advice to understand your options.