Want to dispute a Will? Contesting a Will? We are Wills & Probate Experts in Milton Keynes.

Grounds for Contesting a Will

In the laws of England and Wales, individuals have the right to decide who inherits their estate. However, there are several legal grounds that could justify contesting a will. The main reasons for challenging a will include:

Lack of Testamentary Capacity

A testator must be of sound mind when making a will. According to the legal principles in Banks v Goodfellow (1870), the testator must:

• Understand the nature and effect of making a will.
• Comprehend the extent of their estate.
• Consider those who might reasonably expect to inherit.
• Not be suffering from any mental disorder that could influence their decisions.

If the testator lacked mental capacity due to conditions such as dementia or another cognitive impairment, the will may be considered invalid.

Undue Influence

For a will to be valid, it must be made voluntarily and without coercion. If someone exerted undue influence on the testator, such as family members, caregivers, or other parties who manipulated the testator into making a will in their favour, the will can be contested. This is particularly relevant when a vulnerable individual has been pressured.

Want of Knowledge and Approval

A will is only valid if the testator knew and approved of its contents. If evidence suggests the testator was unaware of what they were signing—such as due to illiteracy, blindness, or language barriers—a challenge can be raised.

Lack of Due Execution

A valid will must comply with the formal requirements of Section 9 of the Wills Act 1837:

• The will must be in writing.
• The testator must sign the will, or have someone sign on their behalf.
• The will must be signed in the presence of at least two witnesses, who must also sign in the testator’s presence.

If these conditions are not met, the will may be declared invalid.

Fraud or Forgery

If a will has been fraudulently altered or forged, it is not valid. Forensic handwriting analysis and other investigations may be required to support a claim of fraud or forgery.

Fraudulent Calumny

Fraudulent calumny occurs when someone deliberately makes false statements about a potential beneficiary to influence the testator’s decision to exclude them from the will. If proven, this can invalidate the will.

Who Can Contest a Will?

You may have the right to contest a will if you are:

• A beneficiary under the will.
• A spouse, civil partner, child, or other dependent who relied financially on the deceased.
• A person or organisation promised an inheritance but left out of the will.
• A third party who may be impacted by the current or previous will.

Contesting a Will Under the Inheritance (Provision for Family and Dependants) Act 1975

If you were financially dependent on the deceased but were left out of the will or received an inadequate inheritance, you may have grounds to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Those eligible to make a claim include:

• Spouses or civil partners of the deceased.
• Unmarried partners who lived with the deceased for at least two years before their death.
• Children, including adopted children and those treated as children by the deceased.
• Individuals financially dependent on the deceased.

The court will consider various factors, such as the claimant’s financial needs, the size of the estate, and the deceased's obligations toward them.

The Process of Contesting a Will

If you believe you have grounds to contest a will, it is important to act quickly. Our expert solicitors will guide you through the following steps:

Initial Assessment

We will review the details of your case to determine if you have valid grounds to challenge the will. If so, we will advise you on the best course of action, whether it’s probate litigation, mediation, or a different legal route.

Gathering Evidence

A strong case requires robust evidence. Depending on your situation, this could include:

• Medical records (for lack of capacity claims).
• Witness statements.
• Handwriting analysis (for fraud or forgery claims).
• Financial records (for inheritance claims under the Inheritance Act).

Attempting Resolution

Many will disputes can be resolved out of court through negotiation or mediation, which helps reduce costs and emotional distress for all involved.

Court Proceedings (if necessary)

If a resolution cannot be reached, we will represent you in court to challenge the validity of the will or seek a fair settlement under the Inheritance Act.

Time Limits for Contesting a Will

It is essential to be aware of the time limits for contesting a will:

• Inheritance Act Claims must be made within six months of the Grant of Probate.
• Claims for fraudulent or invalid wills can be made before the estate is fully distributed, but it is best to act swiftly.
• Claims based on undue influence or lack of capacity should be made before the estate is distributed to avoid complications.

Why Choose Heald Solicitors?

At Heald Solicitors, we specialise in contentious probate and inheritance disputes. We understand that these situations are often highly emotional and legally complex. Our team is committed to:

• Providing tailored legal guidance to suit your specific circumstances.
• Using mediation and negotiation to resolve disputes wherever possible, saving time and costs.
• Offering a sensitive and practical approach to minimise family conflict and achieve a fair outcome.

Contact Us

If you believe you have grounds to contest a will, contact our specialist probate solicitors today for a confidential consultation. We’ll assess your case and explain your options for pursuing contentious probate litigation or seeking a fair inheritance under the law.

At Heald Solicitors, we are committed to helping you obtain the justice and fair resolution you deserve in your inheritance dispute