Can Grandchildren Contest a Will?
When a testator writes a will, they are not required to include all of their family or dependents in it. Some family members may not be named, and it is common for disputes to arise around this if people think that they have unreasonably been excluded. There are many reasons for contesting a will, but these do not apply to every family member. Grandchildren may be able to contest a will, but it depends on the unique circumstances of the case.
In the following guide, we will explore who can contest a will, on what grounds, and how they can go about it.
Who Can Contest a Will?
To contest a will, the individual must be directly affected by the results of it. Those who can contest a will are anyone who would otherwise inherit under a previous will or under the law of intestacy if there is no earlier will. Certain people could also seek to gain provision from an estate where they do not under a will if they are in need of financial provision from an estate. Such people may include spouses, former spouses, children, cohabitees or other financial dependants. From here, the grandchild may be able to contest the will if they inherited under an earlier will or if they were financially dependent on their grandparent.
Reasons for Contesting a Will
A will can be contested for a number of reasons:
- The will was not valid when it was created due to the testator lacking mental capacity, or they lacked understanding of the value of their estate.
- The will was not executed properly by those involved in its creation - to do so properly, it must be signed by the testator and two witnesses.
- A signature was forged, or someone who the testator instructed to work on the will acted fraudulently in their own interests.
- The testator was coerced by someone into writing or signing the will - known as undue influence
How to Contest a Will
The process of contesting a will can be complicated and time-consuming, and you should seek guidance from a legal professional before making any decisions.
You must provide evidence of your reason for contesting. In some cases this may be more straightforward, such as providing medical records that show why the testator was not mentally healthy when they signed or wrote the will, but it may be more difficult to prove that it was forged, or that they were coerced.
Depending on the situation, your solicitor will be able to explain the best course of action, your chances of success and whether it is worth beginning the contest.
Read more about what happens when a will is contested.
Seeking Financial Provision from an Estate?
A grandchild may be able to seek reasonable financial provision for their maintenance from an estate if they were financially dependent on the deceased at the time of their death or were treated as a child by their grandparent. This may occur, for example, if a grandchild was living with their grandparent, or if they were regularly provided for financially by them.
Such claims can be complicated and it is important to seek legal advice at the earliest possible stage if you wish to consider a claim of this nature.
The expert contentious probate solicitors at JMW are experienced in settling will disputes and will be able to help you through the whole process, from advice on where to start to gathering and presenting evidence. We can offer mediation services, where we will discuss with the other party to come to an agreement that satisfies everybody, or we can represent you in court if it comes to it.
Get in Touch
For more information on how we can help you, visit our Will Disputes page, or call us today on 0345 872 6666 or fill out an online contact form.