Can I challenge a Will?

When a loved one passes away, the reading of their Will can sometimes lead to unexpected surprises or disputes among family members. If you believe a Will does not reflect the true intentions of the deceased, you may have grounds to challenge it.

Grounds

1. Lack of Testamentary Capacity

The person making the Will (testator) must have been of sound mind. This means they understood the extent of their property, the nature of their act, and the claims to which they ought to give effect. If you can prove that the testator lacked mental capacity due to illness, dementia, or other reasons, the Will may be contested.

2. Undue Influence

If the testator was pressured or coerced into making the Will or altering its terms, this is known as undue influence. Evidence must show that the influencer had a substantial impact on the testator’s decisions.

3. Fraud or Forgery

A Will is invalid if it was forged or if the testator was deceived into signing it. Proof of fraud or forgery can be challenging to gather but is a strong ground for contesting a Will.

4. Improper Execution

Wills must meet certain legal requirements to be valid. This includes being signed by the testator and witnessed correctly. If these formalities were not observed, the Will may be deemed invalid.

Steps

1. Consult a Solicitor

One of our specialist litigation solicitors can help evaluate the validity of your claim and guide you through the legal process.

2. Apply for a Caveat

It may be appropriate to apply for a caveat to prevent someone from obtaining a Grant of Probate to administer the deceased’s estate by reference to the Will you want to contest. It essentially pauses the process, allowing you time to gather evidence and build your case, but can have separate proceedings and costs consequences of its own so is not a step that should be taken without proper consideration.

3. Gather Evidence

Collect medical records, witness statements, and any documents that support your grounds for contesting the Will. This can include proof of the deceased’s mental state, evidence of undue influence, or irregularities in the Will’s execution.

4. Mediation and Settlement

Often, disputes can be resolved through mediation, avoiding the time and expense of a legal proceedings. A mediator can help the parties come to a mutually agreeable resolution.

5. Court Proceedings

If settlement cannot be achieved early on, the case will likely proceed to Court. The Court will ultimately decide whether to uphold or invalidate the Will. The consequences of that will need to be at the forefront of your mind when considering whether it is appropriate to take any action.

Challenging a Will is a complicated process, requiring a solid legal foundation and substantial evidence. If you believe a Will does not reflect your loved one’s true intentions, arrange a consultation with one of our litigation specialists on  01625 380061.