Anyone may have grounds to contest a will if they don’t believe it was correctly prepared and executed or don’t believe it represents the true intentions or wishes of the deceased.

There are a number of reasons why this may happen that we will assess in the following blog post. Read on to find out what happens when a will is contested, what the process entails and what the possible outcomes are.

Why Are Wills Contested?

An individual may want to contest a will if they believe a will is not valid. However, contesting a will is not a decision to be taken lightly, as it can be emotionally draining and legally complex. Below are some of the most common grounds for contesting a will in the UK:

Lack of Testamentary Capacity

One of the most common reasons for contesting a will is the belief that the testator (the person making or who has made the will) lacks the mental capacity to understand what is necessary when making a will, including the implications of their actions when creating the will. This could be due to a condition such as dementia, Alzheimer’s or other cognitive impairments that result in the decline of mental capacity.

Undue Influence

If there is reason to believe that the testator was coerced or manipulated into making certain provisions in their will, this could be grounds for contesting it. Undue influence is often difficult to prove but can invalidate a will if substantiated.

Fraud or Forgery

In some cases, a will may be entirely fraudulent or contain forged elements, such as a fake signature. If there is evidence to suggest that the will is not genuine, it can be contested.

Improper Execution

A valid will must be executed according to specific legal requirements to be considered valid. This usually involves the testator signing the will in the presence of two independent witnesses, who must also sign the will. If these conditions are not met, the will can be contested.

Ambiguity in the Will

Sometimes, the language used in the will may be unclear or open to interpretation. Ambiguities can lead to disputes among beneficiaries, and legal advice can clarify the testator's true intentions.

Exclusion of Dependents

In England and Wales, certain individuals, such as spouses or children, may have a legal right to claim from an estate if they’ve been inadequately provided for in a will. Such claims can be made under the Inheritance (Provision for Family and Dependants) Act 1975.

Changes in Circumstances

Sometimes, a will may have been made under circumstances that have since changed, rendering the will outdated or unfair. For example, the birth of a child or a change in marital status could be significant enough to warrant a review of the will's provisions and may lead to a challenge being made.

Errors or Mistakes

Human error can also play a role in the need to contest a will. This could range from simple administrative errors to more significant professional negligence that could alter the distribution of the estate.

Contesting a will is a complex process that requires a strong legal argument and substantial evidence. If you believe you have grounds to contest a will, it’s crucial to seek legal advice from a professional solicitor experienced in contentious probate matters to guide you through the process.

The Process of Contesting a Will

To contest a will, you should first enlist the help of a professional solicitor. Contesting a will successfully requires providing a strong argument as to why the will in its current state isn’t valid. This argument must be backed up with good and relevant evidence - the collecting of which will be difficult without the help of a solicitor, who will be able to recommend what evidence should be retrieved and how. 

You may need to enter a caveat to stop probate, which will make it easier to contest the will. This will halt the administration process until the dispute is resolved or determined by the court. To enter a caveat, you may need the help of a solicitor to deal with the Probate Registry.

The caveat will then last for six months but may be extended. The beneficiaries of the will you’re trying to contest may, in turn, contest the caveat. If they do, you will need to provide evidence for your grounds for disputing the will, which is likely to result in court proceedings. You should always seek legal advice before getting to this stage to ensure you protect your position as there can be a risk to you if you enter a caveat without a legitimate reason.

If you successfully dispute the will, the outcome is likely to be that the will will revert to a previous version or intestacy. You can expect to receive your costs from any opposing party. On the other hand, if you fail, you may be liable for any legal fees of the opposing parties and the will you were contesting will be confirmed by the court to be valid and the distribution process will continue as planned.

Am I Eligible to Contest a Will?

Not everyone has the legal grounds to challenge a will, so it's important to understand your eligibility before you attempt to.

If you’re named as a beneficiary in the will that you wish to contest, you have the legal standing to contest the entire will or specific provisions within it. If you were named as a beneficiary in an earlier version of the will but have been excluded or your share has been reduced in the latest version, you may have grounds to contest the will.

If you’re the spouse or civil partner of the deceased, you will generally have grounds to contest, even if not named in the will. This is particularly valid if you believe you haven’t been adequately provided for. In some instances, if you were living with the deceased as a spouse or civil partner but were not legally married or in a civil partnership, you may still have the right to contest the will under certain circumstances.

Children of the deceased, including adopted children, have the right to contest a will if they believe they have not been adequately provided for and require reasonable financial provision. Other dependents, such as stepchildren or those who were financially dependent on the deceased, may also be eligible under the Inheritance (Provision for Family and Dependants) Act 1975. If a child hasn’t been provided for but is too young to bring their own claim, you may be able to take legal action on their behalf.

In the case that the deceased owed you money, you might have a claim against the estate. While this is not strictly contesting the will, creditors can challenge the distribution of assets if they believe it interferes with their ability to recover the debt.

The executor or trustee of a will may also have grounds to contest it, particularly if there are ambiguities or inconsistencies that make the will difficult to administer.

It's important to remember that eligibility does not guarantee success. Contesting a will is a complex and often emotionally charged process that requires expert legal guidance. If you believe you have grounds to contest a will, it’s strongly advised to consult a solicitor experienced in contentious probate matters to assess the strength of your case and guide you through the legal process.