In the event of a loved one’s passing, the distribution of their assets and property is typically outlined in their will. However, the contents of the will can occasionally be unexpected or unclear, leading to distress and confusion among family members and loved ones.
Contesting a will is a legal recourse to address such concerns. It involves challenging the validity of the will or disputing the distribution of assets. This process is intricate and necessitates expert legal guidance.
To contest a will or make a claim against an estate, you must have a specific relationship with the deceased. This includes being their spouse, child, cohabiting partner, or someone financially dependent on them. Additionally, eligibility may extend to individuals mentioned in the will or a previous version.
If you find yourself in a situation where you need to contest a will, reach out to DLS Solicitors for assistance. We’re here to guide you through this challenging time.
On what grounds can you contest a will?
Before initiating any legal proceedings to contest a will or assert a claim against an estate, it’s strongly advised to consult a trusted legal professional, given the intricate nature of the process. When pursuing your claim, there are several grounds upon which a will can be contested.
These grounds include:
Lack of testamentary capacity
Lack of testamentary capacity is a legal concept that revolves around an individual’s mental capability to create or modify a will. It stipulates that the person drafting the will (the testator) must possess the cognitive capacity to understand the implications of making a will and the extent of the assets being distributed and must not be affected by any mental disorder that could impair their judgement.
When contesting a will on the grounds of lack of testamentary capacity, the argument posits that the testator was not mentally sound when the will was created. This could stem from various factors such as dementia, severe mental illness, the influence of substances like drugs or alcohol, or other conditions that impede the testator’s cognitive faculties.
Undue influence
Undue influence refers to a legal circumstance wherein an individual is coerced, manipulated, or pressured by another party to create a will that contradicts their genuine intentions. This coercion may manifest in various forms, including emotional manipulation, physical intimidation, or enticing financial offers.
Challenging a will based on undue influence necessitates substantial evidence demonstrating that the testator was manipulated or coerced into drafting the will. In such instances, the legitimacy of the will can be disputed, and a claim can be initiated.
Lack of due execution
A lack of due execution indicates that the proper legal procedures were not adhered to during the creation of the will. For a will to be deemed valid, it must be signed and witnessed per legal requirements. Failure to meet these standards renders the will invalid, thus opening the possibility for a claim against it.
Challenging a will on these grounds necessitates sufficient evidence demonstrating that the will was not executed in compliance with legal standards. This may include witness testimonies from involved parties and documented evidence highlighting any discrepancies in the execution process.
Fraud
Contemplating contesting a will? Understanding that forgery and fraud constitute legitimate grounds for doing so is crucial. If a will has been fraudulently concocted or forged, it can be disputed in court. It’s worth noting that contesting a will based on forgery or fraud can entail a convoluted and time-intensive process.
For a successful claim, it’s imperative to possess substantial evidence indicating that the will has been forged or produced under deceitful circumstances. In such instances, seeking legal assistance is advisable, along with gathering evidence to substantiate your claim. This may entail securing witness statements, conducting forensic analysis of handwriting or signatures, or procuring any pertinent documents.
Lack of Adequate Provision
The Inheritance (Provision for Family and Dependants) Act 1975 is legislation permitting dependents, such as spouses, children, or those financially reliant on the deceased, to file a claim if they feel they haven’t been adequately provided for in the will. This may arise if the will excludes them entirely or if the provision made isn’t deemed reasonable given their circumstances.
It’s vital to ensure a will accurately mirrors the testator’s intentions and meets legal standards to preempt any potential legal challenges. If a will is deemed invalid, it could be treated as if the testator died intestate, leading to unintended outcomes. Hence, seeking professional guidance when drafting a will is essential to ensure its legal validity and account for potential claims under the Inheritance Act of 1975 or other pertinent laws.
What are the steps to disputing a will?
When faced with the need to contest a will, navigating through the complexities of the process can be daunting. However, it’s important to recognise that such cases typically follow a structured series of steps:
Consultation with a Wills Dispute Solicitor
Seeking advice from a solicitor specialising in will disputes is paramount when embroiled in such matters. Time constraints underscore the urgency of this step. While contesting a will after probate is granted is feasible, initiating the claim beforehand is generally advisable.
Our team of will dispute solicitors at DLS Solicitors can conduct a thorough assessment of your case’s merits and offer guidance on the optimal course of action.
Gathering Evidence
Compiling all pertinent documents and evidence to substantiate your claim constitutes a critical phase. This entails acquiring copies of the will, medical records, witness statements, and other relevant materials. Ensuring the availability of comprehensive information bolsters the strength of your case and enhances prospects for a favourable resolution.
Mediation
In scenarios involving disputes among multiple parties, exploring mediation as an alternative to court proceedings is advisable. Mediation provides a forum for constructive dialogue, enabling parties to collaboratively pursue mutually acceptable resolutions.
Facilitated by an impartial mediator, this process ensures equitable consideration of all concerns. Mediation offers expediency and cost-effectiveness compared to protracted court battles. Additionally, it fosters the preservation of positive interpersonal dynamics among involved parties.
Should you be lodging a claim against an estate, we can assist by lodging a caveat, thereby forestalling the issuance of probate or letters of administration until your claim is duly addressed.
Court Proceedings
Should mediation prove unsuccessful, resorting to formal legal proceedings by initiating a claim in court becomes necessary. This entails presenting your case before a judge, who will scrutinise evidence and render a verdict. Thorough preparation and meticulous documentation are imperative for navigating court proceedings effectively.
Our team of Wills Dispute Solicitors is committed to shepherding you through the intricacies of your case with unwavering dedication to your best interests.
What evidence is needed to contest a will?
Effectively contesting a will hinges on the availability of comprehensive evidence. Given the potential complexity of the process, substantiating the claim with evidence is essential to demonstrating the invalidity or unfairness of the will. The nature of the evidence required varies depending on the grounds of the challenge being asserted.
Evidence required to contest a will on the grounds of lack of testamentary capacity:
- Medical Records & Doctors Assessment: Contestants typically rely on medical records to challenge the validity of a will. These records offer an impartial professional evaluation of the testator’s mental state, serving as crucial evidence in establishing their capacity at the time of creating the will. Alternatively, a doctor’s assessment can also be utilised to demonstrate the lack of testamentary capacity, providing an official evaluation of the testator’s ability to make decisions regarding their will.
- Expert’s Retrospective Capacity Assessment: An expert’s retrospective capacity assessment can be employed as evidence to support the absence of testamentary capacity. This assessment scrutinises the testator’s cognitive abilities in the past, particularly when doubts arise regarding their capacity. Unlike a doctor’s assessment, which focuses on the testator’s last mental state, the retrospective assessment examines the testator’s capacity specifically at the time of drafting the will and when uncertainties surfaced.
Should the court ascertain that the testator lacked the mental capacity to create a valid will, the document may be deemed invalid. Subsequently, a previous will may be invoked for estate distribution. In the absence of a prior valid will, the estate will be distributed according to intestacy laws.
Evidence required to contest a will based on undue influence:
- Direct Evidence: Direct evidence entails statements from the testator indicating coercion or pressure to create a will that contradict their true intentions. This may involve verbal expressions of reluctance to draft the will and feelings of obligation to do so. Additionally, testamentary evidence highlighting the beneficiary’s control over the testator, such as instances of physical violence, blackmail, or deliberate isolation from family and friends, can serve as direct evidence of undue influence.
- Circumstantial Evidence: In cases lacking direct evidence, circumstantial evidence assumes significance. This involves drawing conclusions based on the factual circumstances surrounding the creation of the will. Factors considered include the nature of the relationship between the testator and the suspected influencer, sudden or unexpected alterations to the will favouring the alleged influencer, and efforts to conceal or disguise their involvement in the will’s creation.
- Witness Testimonies: Testimonies from witnesses closely acquainted with the testator and familiar with their relationship with the purported influencer carry substantial weight in supporting your claim. Witness statements shed light on the dynamics of the testator’s interactions and can help discern whether their wishes were overridden by coercion or undue pressure.
Evidence required to contest a will based on a lack of due execution:
- Documents: Documentation contradicting the proper execution of the will can serve as evidence of its invalidity. These documents should illustrate any deviations from the correct execution process, such as missing, incomplete, or erroneous details. Discrepancies in the document can be used to challenge the validity of the existing will.
- Witness Testimonies: Testimonies from witnesses present during the will’s execution are pivotal. Their accounts can be instrumental in determining whether the will was executed correctly. For instance, if witnesses did not sign the will in the presence of the testator during its creation, their testimony may bolster a claim of improper execution. The lack of any witnesses during the execution process can also prompt contestation on grounds of a lack of due execution.
Evidence required to contest a will based on fraud:
- Forgery & Impersonation: Strong evidence demonstrating the forgery of the will’s signature or the testator’s signature can constitute fraud, leading to the will’s invalidation. Additionally, proving that someone impersonated the testator during the execution of the will can also render the will invalid, prompting legal complexities.
- False Representation: Evidence indicating that the testator was influenced to create the will based on false representations about a potential beneficiary’s character can be indicative of fraud. This may necessitate alterations in asset distribution and warrant a valid claim. Similarly, if there is a conflict of interest between the solicitors who drafted the will and the testator, it could be considered evidence of fraud.
Evidence required to contest a will based on a lack of adequate provision:
- Financial and Personal Circumstances: Evidence on the financial and personal circumstances of the claimant is instrumental in substantiating a lack of adequate provision. This evidence should offer a comprehensive overview of the claimant’s financial standing, encompassing income sources, debts, and assets. Additionally, it should consider any familial obligations or responsibilities, such as caring for dependent children or elderly parents. Furthermore, factors like the claimant’s health or disability status should be taken into account. By furnishing detailed evidence of these circumstances, the claimant can illustrate why the provision made for them in the will is insufficient and warrants further provision.
- Family and Dependents: This evidence should delineate the level of dependency of the claimant on the deceased, along with any commitments or assurances the deceased had regarding provisions for them and their dependents. These details are pivotal in determining the validity of the claim and assessing the extent of compensation the claimant may be entitled to.
Challenging a will might appear overwhelming, but you’re not alone. The wills & probate solicitors at DLS are here to offer support.
Our proficient team will promptly alleviate any apprehensions and provide clear, straightforward explanations, ensuring you’re informed every step of the way. Our goal is to alleviate your stress and apprehension.
If you’re considering contesting a will and need legal guidance, reach out to our team of will dispute solicitors. We strive to address all inquiries within one hour during regular office hours and by the next working day outside of these hours.
