When someone passes away, their will should provide clear instructions on how their estate should be distributed. However, there are situations where family members, beneficiaries, or other individuals may believe that a will does not accurately reflect the deceased person’s wishes or that they have been unfairly excluded. In these circumstances, it may be possible to challenge or contest the will through legal channels. Contesting a will can be a complex process, requiring evidence and a clear understanding of the legal grounds available. We explain what contesting a will means, the reasons a will may be challenged, and who may have the right to bring a claim.
What Does Contesting a Will Mean?
Contesting a will means legally challenging the validity of a will or raising concerns about how an estate has been distributed. It does not simply mean disagreeing with the contents of a will or being unhappy with an inheritance decision. A successful challenge must usually be based on specific legal grounds, such as concerns about how the will was created, whether the deceased had the required mental capacity, or whether they were influenced unfairly.
In some cases, a person may also make a claim if they believe they have not received reasonable financial provision from the estate. Each situation is different, and seeking legal advice can help determine whether there are valid grounds to challenge a will.
What are the Grounds for Contesting a Will?
There are a number of legal reasons why a will may be challenged. Simply believing an inheritance decision is unfair is not usually enough to contest a will. A claim must be supported by evidence showing that there may be an issue with the validity of the will, the circumstances in which it was created, or the way the estate has been handled. Some common grounds for contesting a will include:
Lack of Mental Capacity
A will may be challenged if there are concerns that the person who created it lacked the necessary mental capacity at the time it was made. They must have understood their assets, who may benefit from their estate, and the impact of their decisions. Medical records, witness statements, and other evidence may help determine whether they had the required capacity when preparing the will.
Undue Influence or Pressure
A will may be contested if there are concerns that the deceased was pressured, manipulated, or influenced by another person when making decisions about their estate. This may occur where someone takes advantage of a position of trust to affect how assets are distributed. Evidence must show that the will does not represent the deceased’s genuine wishes.
Concerns About the Validity of the Will
A will must meet specific legal requirements to be valid. If there are concerns that it was not correctly signed, witnessed, or prepared, it may be possible to challenge it. Issues may also arise where there are multiple versions of a will, unclear wording, or doubts about whether the document reflects the deceased’s intentions.
Fraud or Forgery
A will may be challenged where there are concerns that it has been altered, forged, or created fraudulently. This could include questions over whether the deceased actually signed the document or whether changes were made without their knowledge or approval. Evidence is required to support these concerns and determine whether the will is genuine.
Failure to Make Reasonable Financial Provision
In some circumstances, a person may challenge a will if they believe they have not received reasonable financial provision from the estate. This may apply to certain family members or dependants who were financially supported by the deceased or had a recognised need for further provision.
Can You Contest a Will if Originally Left Out?
Being left out of a will does not automatically mean you can contest it. A person generally has the right to decide how their estate should be distributed, meaning someone being excluded from receiving an inheritance is not, by itself, enough to challenge the will. However, there are situations where a person may have grounds to make a claim.
Certain family members or dependants may be able to argue that they have not received reasonable financial provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975. The circumstances of the case, the relationship with the deceased, and the claimant’s financial situation will all be considered when assessing whether a claim may be possible.
Who Can Contest a Will?
Not everyone has the right to challenge a will, and whether someone can bring a claim depends on their relationship with the deceased and the circumstances surrounding the estate. A person may be able to contest a will if they believe they have been unfairly affected by its contents or if there are concerns about its validity.
Those who may have grounds to challenge a will can include beneficiaries named in a previous will, people who expected to inherit, or family members and dependants who believe they have not received reasonable financial provision. Executors may also need to raise concerns where there are doubts about whether a will is genuine or legally valid. Seeking legal advice can help determine whether a claim may be possible.
How Gillhams Solicitors Can Help With Will Disputes
If you believe a will does not accurately reflect the wishes of a loved one or you have concerns about how an estate has been distributed, Gillhams Solicitors can provide clear and practical legal advice. We can help you understand your rights, assess whether there are valid grounds for contesting a will, and guide you through the process.
We understand that disputes involving wills and estates can be sensitive and emotional. Whether you have concerns about the validity of a will, believe you have not received a reasonable provision, or need advice regarding an estate dispute, our team can provide tailored support based on your circumstances. To discuss your situation and receive professional guidance, please contact us today.
