Contested Wills and Probate

Grounds for Contesting a Will

There are a range of grounds for contesting the validity of a Will, these include:

• Reasonable financial provision for family and dependents: Under the Inheritance Act 1975, a Will that does not make sufficient or appropriate provision for family or dependants can be contested. The persons who are eligible to claim on these grounds are: (1) spouses and civil partners; (2) former spouses and civil partners who have not remarried; (3) cohabitants with the deceased for at least two years; (4) a child of the deceased; and (5) an otherwise dependant of the deceased. Claims based on these grounds must be made within six months from Grant of Probate. When considering whether financial provision should be made against the terms of the Will, a court will consider the financial needs of the claimants, what relationship the claimant had to the deceased and the size of the estate. Case law suggests that an independent adult who was simply “worse off” due to lack of inheritance is not sufficient to qualify for financial provision.
• Procedural invalidity: That one of the formal legal requirements for validity has not been fulfilled. These include: (1) lack of mental capacity; (2) fraud; (3) undue influence; and (4) improper signature or witnessing. On these grounds, there is no time limit for bringing a claim. The burden of proof for alleging undue influence rests upon the claimant. This is a high bar to meet, as it involves proving no other feasible explanation exists other than undue influence.
• Promissory estoppel: A claim that the deceased made a promise during their life that another relied upon to their detriment. The burden of proof here rests on the claimant to show the deceased intended to confer a benefit.
• Debt or liability: A creditor can make a claim against the deceased’s estate. The executor will post a Section 27 Notice in the London Gazette, affording a two-month period for creditors to lodge their claims.
• Estate administration claims: These types of claims arise where you believe the executor is not handling the estate in the best interests of the beneficiaries. It is the role of the executor to in gather all of the assets of the estate and sell property where required. If for example, the executor sells a property for much less than it is worth, you may be able to contest this.

Contact our Wills and Contested Probate Lawyers London UK

Contesting a Will can be difficult, it can also be difficult to have a Will upheld when you stand to benefit. However, we can help you through this challenging time and build your case. Our specialist Wills and Probate Solicitors have handled a great number of contested Wills cases in the past, and we fully understand the complexities of these kinds of cases.

We pride ourselves on our exceptional customer service and want you to feel at ease with how your case is progressing. We fully understand how stressful it can be to lose a loved one and that Wills disputes can cause further discord in your family. That is why we aim to settle Wills disputes quickly and professionally.