Contentious probate – How to contest a Will

Making a Will that accounts for all beneficiaries and assets can be a challenge and things can easily be missed.

We understand that you want to make sure that your loved one’s Will is accurate, and take action if this isn’t the case.

While challenging a Will is not easy, it can be done.

Here’s what you need to know about contesting a Will.

On what grounds might a Will be contested?

A Will is designed to make sure that the deceased’s assets are distributed in accordance with their wishes.

A well-drafted, legally binding Will ought to make passing on assets to beneficiaries as easy as possible, with minimal conflict.

Unfortunately, things do not always go according to plan.

A Will can be contested on a number of grounds, including:

• Lack of capacity: This is when the person making the Will (testator) isn’t legally able to understand the implications of the Will due to illness, age or injury.
• Not legally binding: If a Will has not been signed by witnesses or in the presence of witnesses, it may be invalid.
• Lack of knowledge and approval: If the testator is believed to have been unaware of (or not understood) the content of the Will, this could be grounds for contesting the Will.
• Undue influence: This refers to malign influence on the testator to the extent that they were not acting of their own free will or were afraid of acting on the contrary.
• Fraudulent Calumny: When a person has made false misrepresentations to a testator which “poisons their mind” against another so that they are excluded from the Will.
• Revocation: This applies where the testator has destroyed the Will (as no longer to apply) or where the Will has been revoked by operation of law, either by a later Will being made by the testator or by the testator’s marriage, after the Will was made.

One of the most serious grounds on which a Will might be contested is forgery.

Forgery

A forged Will might be one that has knowingly not been created according to the legal procedure, or an earlier Will that is put forward after the latest version has been hidden or destroyed.

In rarer cases, a Will may even have been forged completely in a way that vastly differs from the deceased’s wishes.

It can be difficulty to identify if a Will has been forged.

However, some tell-tale signs include:

• Out-of-character terms.
• A signature that is markedly different from the deceased’s usual handwriting.
• The Will being found unexpectedly by someone who stands to benefit.

If you think someone has forged a Will, it is vital to speak to a solicitor as soon as possible.

How to contest a Will

If you believe that a loved one’s Will is not an accurate reflection of their wishes, you may wish to challenge the Will.

Any person with a “vested interest” may dispute a Will by submitting a claim to the Probate Registry.

It is recommended that you do this through an experienced solicitor, who can assess your position and identify the most suitable grounds for your appeal.

A solicitor will also advise on gathering evidence to support your claim and challenging presumptions usually made by other parties, such as whether the testator had capacity to make their Will.

Although there is no statutory time limit for challenging the validity of a testator’s Will, it is important to act swiftly to avoid the estate being administered and assets being disposed of before you can contest.

Contentious probate services with Hethertons

At Hethertons, we understand that losing a loved one is an extremely difficult time.

We also understand that this can be exacerbated if you feel the need to dispute the Will.

We know that Contentious Probate matters are of high emotional, financial, and sentimental importance to people, particularly where there are competing views as to the Deceased’s wishes and where high-value inheritances are at stake.

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

Our expert team has extensive experience in all aspects of probate and Will disputes and can ensure that you receive clear, decisive advice. Head of Department Barbara Stephens is an accredited specialist and member of the Society of Trust and Estate Practitioners (STEP) and Solicitors for the Elderly.

If you believe that a relative’s Will may be invalid, it is essential to seek legal advice as soon as possible. Contact us today for more information.

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