Can I Challenge or Contest a Will?

INTRODUCTION

Dealing with the loss of a loved one is a painful enough experience in its own right without having to deal with the complexities of handling the administrative burden of an Estate.

One such item that can leave a particular emotional strain on families is when you find yourself needing to challenge or contest a Will. If you find yourself in this situation, it's crucial to grasp the emotional impact of this on you and your loved ones and understand the legal grounds and options open to you.

This article sheds light on the different reasons why a Will can be challenged and the practical steps you can take to avoid or address such matters. 

REASONS TO CHALLENGE A WILL

If you think the Will is invalid in any way, you can legally challenge or contest it under the Inheritance Act in the following circumstances:

• You believe a Will was forged or forgery has taken place (Will fraud or forgery).

• The Will was improperly signed and witnessed.

• There's a dispute over how the Estate is administered (contentious probate).

• You wish to remove a Trustee (Trust dispute).

• You've been left out of a Will or haven't been left as much as you expected (particularly relevant in the case of an inheritance tax claim).

• You were financially dependent on the deceased individual and believe you were not adequately provided for in the Will.

• You believe that a Will writer or solicitor has drawn up the Will incorrectly or has been negligent in their advice (professional negligence).

• You were promised assets that don't appear in the Will (pre-death agreements).

• You suspect somebody has taken control of a vulnerable individual's finances in an unethical manner (financial abuse).

• You wish to defend yourself against a challenge as an Executor or Beneficiary (contested Will defence).

• You have severe misgivings about an individual's mental capacity to manage their affairs (statutory Wills and financial deputyship).

• You have evidence that the deceased person was under the influence of alcohol, another intoxicating substance, or medication at the time of writing their Will.

If you have issues with the Will itself, please continue to read. Otherwise, we suggest you browse our FAQ for more specific advice relating to your unique circumstance.

Caution: Remember that contesting a Will can significantly impact the beneficiaries and the Estate. Disputes may delay the distribution of assets, causing financial and emotional distress. Understanding this impact is vital for anyone considering a challenge.

CHALLENGING A WILL: PROCESS AND TIMELINES

Contesting a Will can be both time-consuming and costly. It's important to be aware of the potential legal fees and the duration of these proceedings, which can vary depending on the complexity of the case.

Here are some general guidelines concerning process and timelines:

• Since the nature of each claim is different, process and timeline will be unique to each case.

• For claims made under the Inheritance (Provision for Family and Independents) Act 1975, you'll need to trigger the start of your claim within six months of probate being granted to preserve your right to claim.

• If the six-month window has elapsed, you may need to seek the Court's permission to make your claim.

• In cases where you're disputing the validity of a Will, there’s generally no time limit for making a claim.

• You can often resolve claims or disputes against an Estate out of court through mediation. This is widely regarded as a more cost-effective and amicable approach.

Need to know more or you’d like to discuss your options?

If you wish to reduce the likelihood of your Will being contested, always make sure it's clearly written, property witness, and is drawn up by professionals like Squiggle.

Taking these steps can go a long way in preventing potential future disputes.

If you're not sure about how to go about drawing up a Will, contact us for a free, no obligation session and we'd be happy to bring you through the options available.

Simply book a callback.

Alternatively, call us on 01233 659 796.

Or contact us here.