Grounds To Dispute A Will

A will is intended to provide clarity and certainty about how a person’s estate will be distributed after their death. For many families, it helps avoid conflict and ensures that the deceased’s wishes are respected. However, not all wills are free from controversy. Sometimes concerns arise about whether the will is valid, whether it reflects the true intentions of the deceased, or whether it treats beneficiaries fairly.

Disputing a will is a sensitive and complex process, often coming at a time of grief and heightened emotions. Yet it can be necessary to protect the rights of those who have been unfairly left out or disadvantaged. At Blackstone Solicitors, we specialise in handling will disputes across England and Wales, providing expert advice and representation to guide clients through what can be a challenging and emotional legal process.

This article explores the main grounds on which a will can be contested, the procedures involved, and the importance of professional legal support in reaching a resolution.

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Who can dispute a will?

Not everyone has the right to challenge a will. Generally, those who may bring a claim include:

• Beneficiaries named in the disputed will.
• Beneficiaries under a previous will.
• Individuals who would inherit under the rules of intestacy (where no valid will exists).
• Dependants of the deceased who believe they have not been adequately provided for.

Establishing standing is the first step before proceeding with any legal challenge.

Grounds to dispute a will

There are several recognised legal grounds for disputing a will in England and Wales. Each has its own requirements and evidential challenges.

1. Lack of testamentary capacity

A person making a will (the testator) must have the mental capacity to understand what they are doing. The legal test is set out in the case of Banks v Goodfellow (1870), which requires the testator to:

• Understand the nature of making a will and its effects.
• Understand the extent of the property being disposed of.
• Comprehend and appreciate the claims to which they ought to give effect.
• Not be affected by any disorder of the mind that influences their decisions.

If the testator was suffering from dementia, mental illness, or the effects of medication, there may be grounds to argue they lacked testamentary capacity.

2. Lack of valid execution

A will must comply with certain formalities under the Wills Act 1837 to be valid. These include:

• The will must be in writing.
• It must be signed by the testator (or by someone else in their presence and at their direction).
• The signature must be made in the presence of two witnesses.
• The witnesses must also sign in the presence of the testator.

Failure to meet these requirements can render the will invalid. For example, if a witness was absent at the time of signing, or if the document was improperly executed, the will may be open to challenge.

3. Lack of knowledge and approval

Even if a will is properly executed, it must be shown that the testator knew and approved of its contents. This issue often arises where the testator was frail, vulnerable, or reliant on others when the will was prepared. Suspicious circumstances—for example, a major beneficiary being involved in drafting the will—may prompt a challenge on this ground.

4. Undue influence

A will must represent the free wishes of the testator. If pressure or coercion was exerted by another person, the validity of the will can be challenged. Undue influence may involve threats, manipulation, or exploitation of a vulnerable testator. Proving undue influence is often difficult, as it requires strong evidence that the testator’s free will was overborne.

5. Fraud or forgery

A will may be contested if it is believed to be forged or altered, or if the testator was deceived into signing it. For instance, if the testator was misled about the nature of the document they were signing, or if a signature was falsified, the will can be set aside.

6. Rectification and construction claims

Sometimes the wording of a will may be unclear, ambiguous, or contain errors. In such cases, beneficiaries may bring a claim to rectify the will (correct mistakes) or seek a court ruling on its proper construction (interpretation).

7. Claims under the Inheritance (Provision for Family and Dependants) Act 1975

Even if a will is valid, it may be possible to bring a claim under the 1975 Act if the deceased failed to make reasonable financial provision for certain categories of people, such as:

• A spouse or civil partner.
• A former spouse or civil partner (if not remarried).
• A child of the deceased.
• A person treated as a child of the family.
• A person financially maintained by the deceased immediately before death.

These claims focus on fairness and financial need, rather than the validity of the will itself.

The process of disputing a will

Disputing a will involves careful legal and procedural steps. Acting promptly is crucial, as strict time limits may apply. For example, claims under the Inheritance Act must generally be brought within six months of the grant of probate.

Key stages typically include:

1. Initial investigation – Obtaining a copy of the will, previous wills, and medical records where capacity is in question.
2. Lodging a caveat – A caveat can be entered at the Probate Registry to prevent probate being granted while the dispute is investigated.
3. Pre-action correspondence – Solicitors engage with the executors and other parties to outline the grounds of the dispute and explore settlement.
4. Alternative dispute resolution (ADR) – Mediation or negotiation is often used to resolve disputes without the need for court proceedings.
5. Court proceedings – If settlement cannot be reached, the case may proceed to the High Court’s Chancery Division, where a judge will make a binding decision.

The importance of legal advice

Will disputes are legally complex and emotionally charged. Attempting to navigate them without expert guidance can be overwhelming and may weaken your position. Solicitors provide essential support by:

• Assessing whether valid grounds exist to contest a will.
• Gathering and presenting evidence, including medical records and witness statements.
• Managing procedural requirements and deadlines.
• Advising on potential outcomes and settlement options.
• Representing clients robustly in negotiations or in court.

At Blackstone Solicitors, we approach will disputes with sensitivity and professionalism, balancing the need for strong advocacy with the recognition of family dynamics and emotional strain.

Preventing disputes

While not all disputes can be avoided, there are steps individuals can take to minimise the risk of conflict after their death:

• Seek professional advice when making a will – Ensuring the document is properly drafted and executed.
• Obtain medical evidence – Where capacity might later be questioned, a medical assessment can provide reassurance.
• Communicate intentions – Making family members aware of the reasoning behind decisions can help prevent surprise and resentment.
• Update wills regularly – Ensuring the document reflects current circumstances, such as marriage, divorce, or the birth of children.

Why choose Blackstone Solicitors?

At Blackstone Solicitors, we have extensive experience in handling will disputes across England and Wales. We understand the emotional and financial challenges these cases bring, and we are committed to guiding clients through the process with clarity and care.

Our approach combines technical expertise with a focus on practical outcomes. Whether negotiating a fair settlement or representing clients in court, we work tirelessly to protect your interests and secure the best possible result.

Conclusion

Disputing a will is never easy, but in some cases it is necessary to ensure fairness and protect the rights of those left behind. The law provides clear grounds on which a will can be challenged, from lack of capacity and undue influence to failure to provide for dependants.

With the right legal support, it is possible to navigate this complex area with confidence. At Blackstone Solicitors, we are dedicated to providing the expert advice and representation needed to resolve disputes effectively and with sensitivity, allowing clients to move forward with peace of mind.

How we can help

We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.to incorporate, what kind of ownership

How to Contact Our Private Client Solicitors

It is important for you to be well informed about the issues and possible implications of contesting a will. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.

To speak to our Trust solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in Blog, News Tagged as

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