Contesting a Will: When Should You Consider Challenging It?

The death of a loved one is always a difficult time, and dealing with their estate can sometimes bring unexpected complications. In some situations, family members or dependants may feel that a will does not properly reflect the wishes of the deceased or fails to provide reasonable financial provision.

While contesting a will is not a decision to be taken lightly, there are certain circumstances where it may be appropriate to challenge the validity of a will. 

Below we outline some of the key situations where contesting a will may be considered.

• Lack of Testamentary Capacity

For a will to be valid, the person making it (known as the testator) must have had the mental capacity to understand what they were doing at the time the will was made.

This means they must have understood:

* The nature and effect of making a will

* The extent of their estate

* Who might reasonably expect to benefit from it

If there are concerns that the individual lacked mental capacity due to illness, dementia, or other factors when the will was created, it may be possible to challenge its validity.

• Undue Influence

A will should reflect the genuine wishes of the person making it. If someone was pressured, coerced, or manipulated into making or changing their will, this may amount to undue influence.

These cases can arise where a vulnerable person becomes heavily reliant on another individual who then benefits significantly under the will.

• Lack of Proper Execution

For a will to be legally valid in England and Wales, it must comply with certain formal requirements, including being properly signed and witnessed.

If the will was not executed correctly in accordance with legal requirements, it may be invalid.

• Fraud or Forgery

In rare circumstances, concerns may arise that a will has been forged or that the testator was misled into signing a document they did not understand. If fraud or forgery is suspected, legal advice should be sought immediately.

• Claims for Reasonable Financial Provision

Even where a will is valid, certain individuals may still be able to bring a claim if they believe they have not been adequately provided for.

Under the Inheritance (Provision for Family and Dependants) Act 1975, eligible individuals such as spouses, civil partners, children, or financial dependants may apply to the court for reasonable financial provision from the estate.

Seek Legal Advice Early

Contesting a will can be complex and time limits may apply, particularly for claims under the Inheritance Act. Seeking legal advice at an early stage can help you understand your rights and the options available to you.

An experienced solicitor can assess your circumstances, explain whether you may have grounds for a claim, and guide you through the process with sensitivity and clarity.

If you are concerned about the validity of a will or believe that you may have grounds to challenge it, Emma Manifold at Fieldings Porter can provide expert advice and support. To discuss your situation in confidence, please contact Emma Manifold on email: emma.manifold@fieldingsporter.co.uk or via telephone on 01204 540900.