Contesting a will may sound like drastic action but, often, it’s the only option available to people who feel that the document either failed to represent the testator’s true wishes – or the promises they made in life – or that they have been treated unfairly.
It’s a complicated process – and not one that you can hope to undertake without expert guidance. Will dispute solicitors know how to navigate this high-stakes situation, and how to work towards the best outcome possible for you, and the late testator.
Has the Will Been Properly Executed?
Some of the most common reasons that wills are deemed invalid are also the simplest mistakes will writers can make. Clerical issues, which often come down to issues with the signing and witnessing – there are, for instance, restrictions on who can witness a will – can easily undermine an otherwise strong and clear will, since they cast doubt on whether it was created under the right circumstances – and by the right people.
If the will has not been properly executed, then there’s a strong chance it will not stand up to scrutiny.
Has the will been altered or forged?
This is, unfortunately, more common than many people presume. Wills that have been interfered with by a third party without the knowledge of the testator will be rendered invalid, provided you are able to conclusively prove that the testator did not see or approve some (or all) of its contents.
Was the person put under undue influence? Were they forced to make the will?
Some individuals – particularly those who are considered vulnerable – can be influenced to make certain bequests within their wills that do not align with their true wishes. The hardest part of getting justice for the testator is proving that someone pressured or forced them – but, if you can, the will may be considered invalid.
It may also be the case that the testator was intentionally misled by a third party – someone who planted ideas or accusations in the testator’s head that swayed them into changing their wishes, and potentially writing someone out of the will on false grounds.
Did the person know of and approve the contents of the will?
Any sign that the will has been tampered with or edited without the testator knowing will be taken very seriously in court, and may lead to a better outcome for you and your loved ones (if there is a previous will or if the rules of intestacy apply which benefits you more greatly).
Who can contest a will?
There are no legal restrictions on who can and can’t contest a will, but you should have a clear interest in the will.
Why? Because the chances of a positive outcome are far more likely if you were particularly close to the testator – or someone who has a right to ‘reasonable financial provision’ from the testator. In the majority of cases, this is a close relative – a spouse, life partner, or child – but this isn’t always the case. If you can prove that, when the testator was alive, you received a certain amount of regular financial support from them, then the court may make an award in your favour.
Is contesting a will expensive?
It can be, but costs vary case-by-case. Some are straightforward and take a lot less work than others. If your case is particularly complex and long-drawn-out, you can expect it to be quite an expensive undertaking.
Most solicitors offer a number of different options for funding litigation. It may be that they agree to act under a no win, no fee basis however it is vital you talk this matter through carefully before you decide to move forward.
