Solicitors for Contesting a Will

What are the grounds for Contesting a Will?

When a will is contested, probate is hated to allow time to prove that either the will is invalid or that it fails to make 'reasonable financial provision' for someone who depended on the deceased financially but has not been adequately provided for in the will.

Valid reasons to contest the will include:

The deceased was not in their right mind when they signed the will or they did not know what they were signing.

• The will was drawn up incorrectly
• The will wasn’t signed with valid witnesses present.
• The signature was forged

The beneficiaries have a right to the estate but have either not been named or have not been adequately cared for in the will.

If you believe that the wishes of a loved one have not been properly expressed, or if you feel like you have been wrongly overlooked, we can provide the guidance and legal expertise to help you reach the desired outcome.

We pride ourselves on exceeding your expectations, and on providing the highest level of service to our clients.

Who can contest a will?

A will can only be contested by ‘interested persons’ and there must be valid legal grounds to do so.

For example, you cannot contest your cousin’s will because you believe their estate should be divided differently.

The person contesting the will must be:

• a spouse
• a child
• a cohabitee or;
• a person who is expressly mentioned in the will, or a previous will.​​​​​

Why might a will be Invalid?

The law surrounding wills is very clear. Specific steps must be followed through the making of a will in order for it to be considered a valid, enforceable document.

A number of circumstances may render a will invalid and liable to claims after the death of the testator.

Mistakes in the signing or witnessing

The law surrounding wills is very clear. Specific steps must be followed through the making of a will in order for it to be considered a valid, enforceable document.

A number of circumstances may render a will invalid and liable to claims after the death of the testator.

Mistakes in the signing or witnessing

For a will to be valid, it must be signed by the testator (the person making the will) and two witnesses of the signature.

Witnesses must be impartial, meaning they cannot be beneficiaries of the will or related to a beneficiary. Wills witnessed by persons who may benefit directly or indirectly from the will can often be disputed.

Although only the section relating to the invalid witness would be considered null and void, an invalid witness signature on a will may raise doubts about its validity as a whole.

Witnesses of a will may be under 18, however having a will witnessed by someone below the age of 18 could leave the will liable to claims of coercion or lack of testamentary capacity.

The deceased did not have testamentary capacity

Testamentary capacity is a term that indicates someone’s full understanding of the legal implication of making a will. A testator must show that they are of sound mind, and understand the language used in the document, the size of their estate, the identity of the beneficiaries, and who is going to be excluded from the will.

This is often a concern when the testator of a will is elderly or ill. Some types of medication and conditions such as Alzheimer’s or dementia, may impact an individual’s mental capacity, and make the will liable to claims after their death.

It is also possible to contest a will if you believe that the person was not able to fully understand the content of the will, such as them not speaking English as their first language, or having a low literacy level.

Will disputes regarding mental or testamentary capacity are not rare, and it can be difficult to prove this after the testator’s death.  Cases involving individuals lacking mental capacity may fall under the jurisdiction of the Court of Protection.

If you are concerned that someone has made a will without proper knowledge and approval of its contents, our expert Will Dispute Solicitors can offer tailored legal advice.

The will was created fraudulently

When the process of validating a will is not followed correctly, the risk of fraudulent wills can arise. This could be related to the signatures, such as them being forged or the witnesses not actually being present at the time of the signature, or in circumstances such as the testator being deceived into signing without knowing they were signing their will.

Providing the testator with false information in order to influence the content of the wills, such as lying about a beneficiary to get them excluded, is known as fraudulent calumny, and will make the document null and void if proven.

The will was created under undue influence or pressure

Sometimes suspicion can arise in relation to the role of a particular person in the creation of a will. Older or vulnerable people can be at risk from someone who takes on a dominant position over them at the time of making their will. Undue influence or pressure means that person uses their position to change the decisions made when making the will, so that, for example:

• the final will is substantially different to previous wills
• the contents of the will are significantly different to expectations
• a non-family member receives an unexpectedly large inheritance​​​​

If it can be proven that a third party has significantly influenced the contents of the will via verbal, physical, or emotional coercion or manipulation, the will could be considered invalid.

Any mistake in the will writing process can be costly, both financially and emotionally. Ensuring all steps are followed, and the process is respected to the letter, is crucial. Our expert Will Writing Solicitors at PSR Solicitors can guide you through each stage if you are considering making a will, and want to make sure it is claim-proof.