Contesting a Will can be an emotionally complex and legally challenging process. This category explores some common scenarios you may encounter – such as issues around valid execution of the Will, concerns about mental capacity, signs of undue influence, and claims under the Inheritance Act 1975. I also discuss practical points like how to fund your claim.
Section 9 of the Wills Act 1837 sets out the requirement for a valid Will. Contesting a will on the basis of lack of valid execution means arguing that the will was not made in accordance with the legal formalities required for a valid will. In England and Wales, the Wills Act 1837 sets out strict signing … Read more
If you are thinking of contesting a Will, you might be wondering how you can fund the legal expenses of your claim. Even if you believe you have a very good case, you may simply not have the spare funds to pay a solicitor up front. The first thing to remember is that many of … Read more
One common reason for contesting an estate is that the deceased failed to make “reasonable financial provision” for a loved one. The Inheritance (Provision for Family and Dependants) Act 1975 (often called the Inheritance Act) allows certain individuals to claim financial provision from a deceased person’s estate if the Will (or the intestacy rules) did … Read more
Quite a common enquiry we get is that a Deceased relative made a Will leaving their property to someone unexpected, and that the enquirer believes they were unduly influenced by the beneficiary. This could be a caregiver or a later-life “friend” (sometimes of a romantic nature). Another common scenario is a testator who leaves a … Read more
One of the less common reasons for ‘contesting’ a will is the forfeiture rule. Under this rule, a beneficiary is disqualified from inheriting if they have unlawfully killed the deceased, or even if they have unlawfully aided, abetted, counselled or procured the death. This is a matter of public policy – clearly, if you could … Read more
There are a range of reasons why you may consider contesting a Will or challenging an estate. On this page I discuss some of the most common reasons and explain some of the factors that influence whether a claim is possible. It is important to appreciate that taking advice early on maximises your likelihood of … Read more
To make a Will, you must have “mental capacity” – and sometimes Wills are challenged because it is thought that the person who made the Will (the testator) did not have the required mental capacity at the time. Logically, we therefore need to know what is meant by mental capacity and what standard is required. … Read more
