Contesting a Will in the UK is a complex process that involves legal analysis to determine whether the legal document truly reflects the deceased’s (testator’s) intentions. Disagreements often arise when beneficiaries or other parties believe the Will does not truly represent the deceased’s wishes. Understanding the grounds for contesting a Will, the evidence required, and the potential risks is crucial if you are considering this course of action.
Grounds for Contesting a Will
Lack of Testamentary Capacity
The testator must have had the mental capacity to understand the implications of making a Will, including knowledge of their estate and beneficiaries. If the testator suffered from conditions such as dementia or other mental impairments, there may be grounds to challenge the Will.
Proving a lack of testamentary capacity typically involves providing medical records, witness statements, and expert opinions.
Undue Influence
A Will can be contested if someone used pressure or manipulation on the testator to create or alter the Will in a way that benefits them. Proving undue influence is challenging. It requires demonstrating a close relationship between the influencer and the testator, the testator’s vulnerability, and the significant benefit to the influencer.
Fraudulent or Forgery
If either the entire Will or the signature of the testator who made the Will is forged, or the content of the Will is fraudulent, then the Will is invalid. A fraudulent Will includes wishes that go against those of the deceased.
To prove this, you may need a handwriting analysis or witness statements. An investigation into the circumstances of the Will’s creation is often necessary to prove fraud or forgery.
Improper Execution
Under the Wills Act 1837, a Will must meet specific legal requirements:
- It must be a written document.
- The testator must sign it.
- The testator must intend the document to be their Will when signing it.
- The testator’s signature must be witnessed by at least two individuals.
You will need a review of the Will’s execution process from the solicitors that drafted and executed the Will. This must include the presence and actions of witnesses, which is crucial to establishing improper execution.
Revocation
A Will may be revoked by the testator if they create a new Will, physically destroy the old Will, or declare their intention to revoke it. If you believe a Will has been revoked or a new Will exists, you can contest the earlier Will. Proof of a new Will, evidence of destruction, or other clear indications of revocation are necessary to support this claim.
Contesting a Will should be approached with careful consideration. A clear understanding of the legal grounds is required. You will also need an awareness of the evidence required and the potential implications. It’s important to recognise the possible impact on family relationships, as these disputes can strain or even permanently damage family ties. If you believe you have valid grounds to contest a Will, seek expert legal advice as soon as possible. Our team can help you assess the strength of your case, understand the necessary evidence, and explore potential outcomes. We can also guide you through alternative dispute resolution methods, such as mediation, which may resolve the issue without going to court.
Our strong Litigation department can assist you regarding any concerns in relation to the grounds of contesting a Will. If you require further information, please do not hesitate to contact our experienced Litigation Department at Bond Adams LLP Solicitors. You can contact us on 0116 285 8080 or email us at lawyers@bondadams.com.
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Bond Adams Solicitors
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0116 285 8080
lawyers@bondadams.com
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