Is It Worth Contesting a Will? A Legal Perspective

Discovering that a loved one’s will does not reflect their true intentions can be an emotionally devastating experience. The thought of contesting a will, however, can be daunting. It is a legal process that often brings with it the fear of significant cost, stress, and family conflict. So, is it worth contesting a will? The answer is not always straightforward and depends entirely on the unique circumstances of your case. At Blackstone Solicitors, we understand the complexities and emotional weight of such decisions and are here to provide clear, professional guidance to help you make an informed choice.

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Free Initial Telephone Discussion

For a free initial discussion on how we can help you deal with the legal implications of contesting a Will, get in touch with us today. We are also experienced in dealing with all aspects of Wills, Probate and inheritance disputes and 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 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.

Understanding the Grounds for a Claim

Before you can even begin to consider the “worth” of contesting a will, you must first establish if you have a valid legal basis for a challenge. The law in England and Wales is strict, and a claim cannot be based on mere disappointment. There must be substantive grounds, and you must have a “beneficial interest” in the estate, meaning you would stand to gain if the will were declared invalid. The primary grounds for a successful challenge are:

• Lack of Testamentary Capacity: Did the deceased have the mental capacity to understand they were making a will and its contents? This is a key question. If there is evidence of conditions such as dementia, Alzheimer’s, or severe illness that could have affected their judgment at the time the will was made, it may be invalid. The legal test is whether the testator understood the nature of the act, the extent of their assets, and the people who might have a moral claim on their estate.
• Undue Influence: This is a serious allegation that the deceased was coerced or pressured into making a will against their own free will. It is not enough to show that a person was persuaded; you must demonstrate that their mind was overborne by another person. Proving this can be very difficult, as it often requires looking at the circumstances surrounding the will’s creation, such as isolation from family or a sudden and unexplained change in the will’s provisions.
• Fraud or Forgery: If you have reason to believe the will is a fake, that the signature is not that of the deceased, or that the deceased was misled into signing a document they believed to be something else, you may have grounds for a challenge. Forensic analysis of the document and handwriting experts are often required in these cases.
• Lack of Due Execution: For a will to be valid, it must be signed by the testator in the presence of two independent witnesses, who must then also sign in the testator’s presence. Failure to follow this strict legal formality can render the will invalid. This is a common issue with “homemade” wills that have not been prepared by a professional.
• Lack of Knowledge and Approval: This ground for challenge arises when the deceased did not know and approve of the contents of the will, even if they had the mental capacity to make one. This might be the case where the deceased was elderly, vulnerable, or illiterate, or where the will was drafted by a beneficiary who exerted influence over them.
• The Inheritance (Provision for Family and Dependants) Act 1975: This is a slightly different type of claim. It does not challenge the validity of the will but rather its effect. Certain people, such as spouses, children, and financial dependants, can apply to the court for “reasonable financial provision” from the estate if they have been left out or not adequately provided for. The court will consider a range of factors, including the claimant’s financial needs and the size of the estate.

Weighing the Costs and Risks

Once you have established a potential legal basis for a claim, the next step is to weigh the potential rewards against the significant costs and risks involved.

• Financial Costs: Will disputes can be expensive. Legal fees can accumulate quickly, and there is also the risk of having to pay the other side’s costs if you lose. It is essential to have an open discussion with your solicitor about funding options, such as conditional fee agreements (often known as “no win, no fee” arrangements) or legal expenses insurance. An experienced solicitor will provide a realistic assessment of the costs and benefits from the outset.
• Emotional and Time Costs: Contesting a will is not just a financial drain; it can be an emotionally exhausting and time-consuming process. It often involves revisiting painful memories and can cause or exacerbate rifts within families. The legal process can be lengthy, sometimes taking years to resolve, and the stress and uncertainty can take a heavy toll.
• Risk of Losing: There is no guarantee of success. If your claim is unsuccessful, you may not only fail to receive what you believe is rightfully yours but also be left with a significant bill for legal costs. Your solicitor will provide a frank assessment of the merits of your case and the likelihood of success.

The Benefits of Contesting a Will

Despite the risks, there are clear benefits to contesting a will when the grounds are strong and the circumstances demand it.

• Achieving Justice: For many people, the motivation is not just financial but a desire to see justice served. If you believe the deceased’s true wishes were ignored or manipulated, a successful challenge can bring a sense of closure and ensure their legacy is properly honoured.
• Financial Security: For individuals who have been unfairly excluded from a will, particularly those who were financially dependent on the deceased, a successful claim can provide much-needed financial security for their future. A claim under the Inheritance (Provision for Family and Dependants) Act 1975, for instance, can provide a lifeline for a surviving spouse or a young child.
• Fair Distribution: If a will is found to be invalid, the estate will be distributed according to an earlier, valid will or, if there is none, according to the rules of intestacy. This can result in a fairer distribution of assets among the deceased’s rightful heirs.

The Importance of Seeking Expert Legal Advice

The decision of whether to contest a will should never be taken lightly. It requires a detailed understanding of a highly technical area of law. This is where expert legal advice becomes invaluable. At Blackstone Solicitors, our specialist probate litigation team will:

• Provide an honest and objective assessment of your case.
• Advise you on the strength of your grounds and the likelihood of success.
• Explore all possible avenues for resolution, including negotiation and mediation, to avoid the cost and stress of court proceedings.
• Explain the potential financial and emotional costs and risks involved.
• If a claim is pursued, we will guide you through every step of the process, from entering a caveat to representing you robustly in court if necessary.

Conclusion

So, is it worth contesting a will? The answer is “yes,” but only if you have strong legal grounds, a realistic understanding of the risks, and are prepared for the emotional and financial commitment. Contesting a will can be a powerful way to ensure justice is done and a loved one’s true wishes are upheld. However, it is not a decision to be made without the benefit of expert guidance. If you are in England or Wales and have concerns about a will, we urge you to contact Blackstone Solicitors for a confidential discussion. We will help you weigh the options and decide if contesting the will is the right path for you.

How we can help

We have a proven track-record of helping clients deal with contesting a Will. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. (or whether) to incorporate, what kind of ownership

How to Contact Our Wills and Probate 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 your wishes are met as you would want them to be.

To speak to our Wills and Probate 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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