How to Contest a Will

Dealing with the death of a loved one is never easy. Distributing their assets fairly can create more stress for family and friends.

Creating a will is a good way to ensure that loved ones receive money, property, and belongings. It helps you decide who gets what. This way, your wishes are clear.

You can write your own will, but it is important to get legal advice first. This helps make sure it meets all legal rules, which can be different across the UK. You must then get your will formally witnessed and signed to make it legally valid.

What are the grounds for contesting a will?

If you think a will is invalid, you have concerns about how it was made, or feel it does not properly reflect the deceased’s final wishes, you can challenge its validity through the help of a legal advisor.

People may question a will’s validity for several reasons:

• Lack of due execution – This is when you question the validity of certain formalities
• Want of knowledge and approval – This questions the execution of a will, whether the testator has the necessary mental capacity when writing the will.
• Undue influence – This is a situation where a person could have been coerced or forced into making a will they did not wish to make.
• Fraudulent calumny – Referring to the act of “poisoning the mind” of a testator against a rightful beneficiary by telling them lies or through malicious misrepresentation.
• Fraud or forgery – This is defined by whether the claimant feels the will has been tampered with or created by someone other than the testator.
• Lack of testamentary capacity – The person making the will must have the mental ability to understand what they are doing and the impact that it will have on their estate and anyone who might inherit.

How long do you have to contest a will?

There is no strict time limit for contesting a will’s validity. However, the longer you wait to file a claim, the harder it becomes to prove the will is invalid. This is because assets may already be distributed.

Pursue legal advice promptly if you intend to challenge a will or file a claim against an estate. This will help you determine if a deadline exists for your claim, as different laws may apply to the case.

How you can contest a will

To contest a will, the claimant must firstly seek legal advice from a solicitor or qualified lawyer, this will ensure the qualification and the grounds on which a claim is made are legal and accepted.

If your lawyer or solicitor has considered your position and agrees on the claim, you must then prepare and submit a formal claim to the Probate Registry Office. This will then halt the process of distribution proceedings.

After this, any disputes should be resolved before they reach court, often possible through mediation or other forms of dispute resolution. If the parties are unable to reach an agreement, the claim will proceed to court.

Following this, it is hard to know how long the case will last. It is also difficult to estimate the costs of bringing or defending the claim. Therefore, you should consider this before litigation proceedings.

DFA Law has an expert Wills, Trusts and Estates team to help support you with this. Call 01604 60 95 60 or email info@dfalaw.co.uk to learn more.