When someone dies, it’s important that everything they own (known as their estate) is distributed as they would have wanted. The best way to ensure this happens is to have a Will detailing exactly what you want. However, what happens if, after you die, someone is unhappy with their inheritance or, perhaps, lack thereof? There are processes by which someone may contest a Will, but these are not simple and are highly limited.
There are multiple reasons why someone may choose to contest a Will. For example:
- they may be unhappy with their inheritance,
- they may think someone else influenced the deceased’s decisions when making the Will,
- they may believe that the Will does not reflect what the deceased would have wanted,
- they may believe that the Will is a fake/forgery.
Whatever the reason, contesting a Will is a serious matter, and real consideration must be given when deciding whether to pursue such an action.
What are the grounds for contesting a Will?
Although there may be endless reasons why someone may want to challenge a Will, there are only a limited number of legal grounds on which one can do so:
Undue influence
This ground applies when the deceased was coerced by someone else to do something they otherwise would not have done. For example, one child may coerce their parents into leaving their entire estate to them instead of equally among all their children, going against what they would otherwise have done. This can be rather difficult to prove in practice.
Lack of capacity
This applies if the deceased, for some medical reason, did not have the capacity to understand the decisions they were making. Recently, this has become a common ground for challenging a Will.
Forgery/Fraud
If the Will can be proven to be forged or that fraud has occurred (i.e. someone who was not the deceased pretended to be them), then the Will can be challenged. This may require evidence from a handwriting expert.
Errors
If it can be proven that the Will did not correctly reflect what the deceased wanted because of errors in the Will that were not picked up on, then this can act as a ground of challenge. Again some evidence would be required to show that the Will did not reflect what the deceased wanted. Claims based on this need to be raised within six months of probate being granted, so acting early and consulting probate specialists is highly recommended.
Invalid Will
If a Will was not signed by the deceased or not properly witnessed by two witnesses (who are not set to benefit under the Will), then the Will is invalid and can be challenged.
The deceased did not understand the Will
This ground is used if the deceased did not fully understand the contents of the Will. This could occur for several reasons, such as
- the deceased having low literacy levels,
- the deceased being hard of hearing,
- the deceased being visually impaired.
Nothing was left in the Will for a dependent of the deceased
It is possible to contest a Will if a dependent of the deceased does not believe that they have been adequately provided for by the Will. This person must have been financially dependent on the deceased and make a claim of this sort within six months of probate being granted. Examples of those who may claim include:
- a spouse/civil partner,
- an ex-spouse/civil partner who has not remarried or entered into a new civil partnership,
- children, and
- cohabitants who lived in the deceased’s home for at least two years before they died.
Who can contest a Will?
Given the grounds for contesting a Will, the person who challenges a Will must have some form of interest in the outcome. Either they need to be a dependent, e.g. a child or cohabitant, or someone who benefited from older versions of the Will.
Can this be done after probate?
It has been seen that the deadline for challenging a Will on many grounds is around six months after probate is granted, so a Will can be challenged after probate. However, it may raise difficulties if some of the deceased’s estate is distributed once you have raised a claim. Therefore, it is important to consult with an expert and begin your claim as soon as possible if you plan to challenge a Will on any ground.
Ensuring your Will is legally valid
Ultimately, a Will being challenged is a stressful and challenging time for all involved. It can be a timely, taxing, and expensive process. Therefore, it is best to ensure that any Will you choose to leave is legally valid and as immune to any such challenges.
Contact Lewis Nedas Law - Probate Solicitors in Central London Today
If you are worried about your Will being contested in the future, we are on hand to prevent such circumstances from occurring. Our expert team at Lewis Nedas Law are the perfect fit to help you create a Will which will fully respect your wishes. Contact us on 020 7387 2032 or fill in our online enquiry form to get help from our team.
