How Can I Contest A Will In The UK?

The death of a loved one is a difficult time, and discovering that their will doesn’t reflect their true wishes can add significant stress. Contesting a will is a complex legal process, and it’s crucial to understand the grounds and procedures involved. At Blackstone Solicitors, serving clients across England and Wales, we understand the sensitive nature of these disputes and offer expert guidance. This article will outline the steps and grounds for contesting a will in the UK.

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Free Initial Telephone Discussion

For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of Wills and Probate and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

Grounds for Contesting a Will

To successfully contest a will, you must have valid grounds. Common grounds include:

1. Lack of Testamentary Capacity:

• The testator (the person who made the will) must have had the mental capacity to understand the nature and effect of the will at the time it was made.
• This means they must have understood the extent of their estate, who their beneficiaries were, and the implications of making a will.
• Medical evidence and witness statements can be used to prove a lack of capacity.

1. Lack of Knowledge and Approval:

• The testator must have known and approved the contents of the will.
• If there’s evidence that they didn’t understand or approve the will’s contents, it can be challenged.

1. Undue Influence:

• Undue influence occurs when someone pressures or coerces the testator into making a will that doesn’t reflect their true wishes.
• Proving undue influence can be challenging, as it often happens behind closed doors.
• Evidence of manipulation, coercion, or abuse can support a claim.

1. Fraud or Forgery:

• If the will was created through fraud or forgery, it can be contested.
• This might involve falsifying the testator’s signature or creating a fraudulent document.
• Expert handwriting analysis and other forensic evidence can be used to prove fraud or forgery.

1. Lack of Due Execution:

• The will must be executed according to legal requirements, including being signed by the testator in the presence of two independent witnesses who also sign the document.
• If these formalities are not met, the will may be invalid.

1. Reasonable Financial Provision:

• Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can claim that the will doesn’t make reasonable financial provision for them.
• This applies to spouses, civil partners, children, and other dependents.
• The court will consider factors such as the claimant’s financial needs and the size of the estate.

The Process of Contesting a Will

1. Seek Legal Advice:

• The first step is to seek advice from a solicitor specialising in will disputes.
• They can assess the merits of your case and advise on the best course of action.

1. Gather Evidence:

• Collect all relevant evidence to support your claim, including:

– Medical records

– Witness statements

– Financial documents

– Correspondence

– Expert reports

1. Send a Letter of Claim:

• Your solicitor will send a letter of claim to the executors and any other interested parties, outlining the grounds for your challenge and the desired outcome.

1. Negotiation and Mediation:

• Many will disputes are resolved through negotiation or mediation, avoiding the need for court proceedings.
• This can save time and costs and preserve family relationships.

1. Court Proceedings:

• If negotiation or mediation fails, court proceedings may be necessary.
• Your solicitor will prepare and file the necessary court documents and represent you in court.
• Court proceedings can be lengthy and costly, so it’s essential to have strong legal representation.

1. Time Limits:

• There are strict time limits for contesting a will.
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975 must be made within six months of the Grant of Probate.
• It’s crucial to act promptly and seek legal advice as soon as possible.

Who Can Contest a Will?

Generally, those who have a legitimate interest in the estate can contest a will. This includes:

• Spouses and civil partners
• Children and grandchildren
• Other dependents
• Individuals named as beneficiaries in a previous will
• Anyone who would inherit under the rules of intestacy if there were no valid will

Why Choose Blackstone Solicitors?

Contesting a will is a complex and emotionally charged process. At Blackstone Solicitors, we provide:

• Expert Legal Advice: Our experienced solicitors specialise in will disputes and can provide clear and practical advice.
• Sensitive and Compassionate Service: We understand the emotional challenges involved and provide sensitive support throughout the process.
• Strong Representation: We will represent your interests vigorously, whether through negotiation, mediation, or court proceedings.
• Clear and Transparent Costs: We provide clear and upfront information about our fees and costs.

Contesting a will requires careful consideration and expert legal guidance.

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 writing a Will. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.

To speak to us 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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