What are the grounds for disputing a will?
Losing a friend or family member is difficult enough without having to think about a dispute over their will. Unfortunately, disagreements can happen and the legal process for bringing a claim can seem daunting. But it doesn’t have to be.
What are the grounds for disputing or contesting a will?
Contesting a will means you believe that it’s wrong. A will can be disputed on these grounds:
• It is incorrectly witnessed and/or executed, e.g. there was only one person who witnessed the signing of the will
• The will is the product of fraud, e.g. using a forged signature
• The testator lacked mental capacity at the time of making the will
• The person creating the will was subjected to undue influence from another person who coerced them into changing their will to benefit them
• ‘Fraudulent calumny’, meaning the will’s terms were based on false statements made to the testator for the purpose of persuading them to benefit one party at the expense of another
The Inheritance Act 1975
Sometimes, none of the above will apply and it’s a case of a loved one feeling that the will does not leave them enough, or anything at all.
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of people to claim increased financial provision from a deceased person’s estate. If you believe you have been left out of a will, or you think that what you have been left is less than what you expected, you may be able to claim under this act.
To claim under the Inheritance Act 1975, you must be either:
• The spouse or civil partner of the deceased
• A former spouse or civil partner (unless you have remarried or are in a new civil partnership)
• Someone who lived with the deceased as if they were a spouse or civil partner
• A child of the deceased
• A person who was treated by the deceased as a child of the family
• Someone who was financially maintained by the deceased
When can I contest a will?
Time limits depend on the type of claim you are making. You do not necessarily have to wait for that person to pass away before raising concerns about their will; sometimes concerns can grow if a loved one’s circumstances change or they suddenly change their will, for example.
If you are challenging a will after a loved one has died, then you need to act promptly. Generally, you should aim to start a claim before a grant of probate has been issued, although this is not always essential, and a specialist solicitor can advise you on this.
How are will disputes resolved?
The majority of the time will disputes are resolved without proceedings, through some form of dispute resolution, such as mediation. Where this is not possible and parties cannot reach an agreement, the parties may go to court for a judge to decide.
Getting expert help
Whatever your reason for disputing a will, the best place to start is to speak to a specialist solicitor, such as a Lifetime Lawyer. They’ll provide you with advice that is tailored to your individual circumstances and support you throughout the process of challenging a will.