Contesting a will can be difficult and emotional, but it's sometimes necessary to ensure fairness and justice. If you suspect that a will doesn't express the true intentions of the person, you may want to seek legal advice. In this article, we'll guide you through how to contest a will in the UK. We'll deep dive into the legal process of challenging the validity of a will, including:
The grounds for contesting a will
The steps to contest a will
The cost and pricing
Time limits
Best practices for contesting a will
Legal and regulatory considerations
Grounds for Contesting a Will
The main grounds for contesting a will include:
Lack of testamentary capacity
Undue influence or coercion
Lack of due execution
Fraud or forgery
Lack of Testamentary Capacity
One reason to contest a will is if the person making it wasn't mentally capable of understanding what they were doing. This could be due to conditions like dementia, Alzheimer's, severe mental illness, or brain injuries. If the person was confused, disoriented, or struggled to make decisions, their mental capacity may have been compromised. In such cases, the will may not accurately reflect their wishes.
Undue Influence
Another reason to contest a will is if someone pressured or manipulated the person making it into making decisions that benefited them. This could be a family member, caregiver, or someone interested in the estate. Undue influence can be subtle, but its effects can be significant.
Lack of Due Execution
For a will to be valid, it must meet specific legal requirements outlined in the Wills Act 1837. If these requirements aren't met, the will can be deemed invalid. The legal requirements include:
In Writing: The will must be in writing, either typed or handwritten. This ensures clarity and prevents disputes over verbal agreements.
Signed by the Testator: The person making the will (testator) must sign it. The signature confirms their intention to create a legally binding document.
Witnessed by Two Independent Individuals: Two independent witnesses must sign the will in the presence of the testator and each other.
Witnesses must be mentally capable, not beneficiaries under the will, not spouses or civil partners of beneficiaries, and able to see the testator sign.
Fraud or Forgery
You can also contest a will if you suspect fraudulent activity like inheritance theft. This includes situations where the will is fake, someone changed it without permission, or the signature is forged. Forgery can take many forms, from creating a fake will to altering an existing one. If you suspect foul play, it's important to investigate further.
Reasonable Financial Provision
Under the Provision for Family and Dependants Act 1975, certain family members and dependants can contest a will if it doesn't provide enough financial support. This includes spouses, civil partners, children, and dependants financially reliant on the deceased. You can claim if you were left without a home, financial security, or adequate maintenance. The Act aims to ensure family members and dependants receive reasonable financial provision from the estate, regardless of the will's contents. Eligible individuals can claim under the Act if they:
Were financially dependent on the deceased
Have limited income or resources
Have disabilities or special needs
Were promised financial support by the deceased
Steps to Contest a Will
Contesting a will in the UK is relatively straightforward, below are the main steps to take:
Seek Professional Advice: Start by consulting a solicitor specialising in contentious probate. They'll assess your case's strengths and weaknesses, explaining your legal options in plain language. When you seek legal advice for contesting a will, you will get expert guidance that will help you determine if you have valid grounds to contest the will.
Enter a Caveat: To prevent the estate from being distributed prematurely, enter a caveat at the Probate Registry. This temporary measure gives you time to investigate your concerns and gather evidence.
Gather Evidence: Now, it's time to collect evidence to support your claim. This might include medical records, witness statements, correspondence, or expert opinions. The goal is to build a strong, well-documented case demonstrating your concerns.
Attempt Mediation: Before heading to court, consider mediation. This process brings parties together with a neutral mediator to find a mutually acceptable resolution. Mediation saves time, reduces costs, and avoids the stress of a court battle.
File a Formal Claim: If mediation fails, it's time to file a formal claim in court. Your solicitor will help you submit the necessary paperwork and evidence. The court will then set a timetable for the proceedings.
Attend Court Hearings: This is the final step in contesting a will process in the UK. You need to attend Court hearings while your case is being heard. You'll present your case, answer questions, and provide witness statements in court. The judge will make a decision based on the evidence and legal arguments.
How Much to Contest a Will in the UK?
Contesting a will can be a costly business. The expenses vary greatly depending on how complex the case is and whether it ends up in court. A straightforward case might set you back around £2,000 to £5,000 at the lower end. This usually covers initial advice and negotiations. However, costs can quickly rise if the case becomes more complicated.
Moderately complex cases can cost between £5,000 and £20,000, especially if mediation or settlement is involved. But if the case goes to trial and becomes complex, expect to spend between £50,000 to £100,000 or more.
So, who bears the cost? Usually, the losing party pays the winning party's legal costs. This is known as the "loser pays" rule. However, there are exceptions. If the court decides the will's validity was genuinely questioned, costs might be paid out of the estate.
In some cases, the court may rule that each party covers their own costs, especially if the dispute was reasonable and genuinely contested. The court considers factors like the strength of the case, the parties' conduct, and the complexity of the issues.
Time Limits for Contesting a Will
The importance of timing when contesting a will can't be overstated. You need to know the time limits to avoid missing your chance.
Standard Time Limits
In the UK, the standard time limit for contesting a will under the Inheritance Act 1975 is six months from the grant of probate. This applies if you're a family member or dependent seeking financial provision or challenging the will's validity due to lack of capacity or undue influence.
However, not all claims follow this six-month rule. If you suspect fraud, for example, there's no specific time limit. But don't delay – the longer you wait, the weaker your case may become. Other types of claims have different time limits. Negligence or professional negligence claims typically have a three-year time limit from the date of the negligence.
Exceptions
There are exceptions to these time limits discussed above. If you're a minor, the clock doesn't start ticking until you turn 18. This ensures you have time to consider your options once you're an adult.
If you lack mental capacity, the time limits may be extended or waived. The court will consider your individual circumstances and may grant an extension. In addition, if you're suffering from a serious illness or disability, the time limits may be relaxed. The court's primary concern is ensuring justice is served.
In cases of fraud, there's no time limit. However, you must act promptly and demonstrate that you've taken reasonable steps to investigate and pursue your claim. Additionally, if new evidence emerges, you may have a fresh chance to contest the will. This could include previously undisclosed information or documents challenging the will's validity.
Best Practices for Contesting a Will
If you believe you have grounds to contest a will, acting promptly is essential. Delays can significantly complicate the process, reducing your chances of a successful outcome. The sooner you seek advice, the better equipped you'll be to address any issues and protect your interests.
It's important to note that contesting a will can strain relationships among family members and beneficiaries. Open communication is vital to avoid misunderstandings and reduce emotional tension. By talking through concerns and expectations, you can resolve issues amicably and prevent further conflict.
Contesting a will requires specialised knowledge. A specialist will dispute solicitor can provide guidance on the complex legal and procedural aspects of the process. They will assess your claim's strength, help build a solid case, and go through court proceedings on your behalf.
Legal and Regulatory Considerations
When contesting a will, you need to comply with UK probate laws. This means ensuring the will was executed correctly, with proper signing and witnessing. If the will doesn't meet these requirements, it may be deemed invalid. In addition, you'll need to establish grounds for contesting, such as lack of capacity, undue influence, or fraud. Failing to comply with these regulations can lead to costly legal battles and disputes.
Another important aspect to consider is the Inheritance Act 1975 claims (Provision for Family and Dependents). This law allows certain individuals to claim reasonable financial provisions from an estate. Eligible claimants include spouses, former spouses, children, and dependents who were financially reliant on the deceased.
To make a successful claim, you must demonstrate that the will or intestacy rules don't provide adequate financial support. The court will consider factors such as your financial needs, the size and distribution of the estate, and the deceased's intentions.
FAQs
Can I contest a will if I was left out?
Yes, you can contest a will if you were left out or didn't receive what you expected. This is often done under the Inheritance (Provision for Family and Dependants) Act 1975, which allows eligible individuals to claim reasonable financial provision.
What are the grounds for contesting a will in the UK?
To contest a will, you'll need to prove one of the following: the deceased lacked mental capacity, someone pressured them into making the will, the will was forged or altered, or there was a mistake in the will.
How long do I have to contest a will?
You typically have six months from the grant of probate to contest the validity of the will and six years from the date of death to make an Inheritance Act claim. Acting quickly is crucial to avoid losing evidence or witnesses.
How much does it cost to contest a will?
The cost varies depending on the complexity of the case, the value of the estate, and the level of dispute. You may need to pay solicitors' fees, court fees, and expert witness fees. Some solicitors offer no-win, no-fee arrangements.
Can I contest a will after probate has been granted?
Yes, but it's more challenging. You'll need to apply to the court to revoke the grant of probate and provide strong evidence to support your claim. Delays can weaken your case, so acting quickly is essential.
Conclusion
Losing a loved one can be devastating, and disputes over their will can add to the emotional strain. It's important to understand the process and your options if you're considering contesting a will. To get started, you must establish valid grounds, such as lack of capacity, undue influence, fraud, or mistake. Acting quickly is crucial to avoid losing evidence or witnesses. Seeking expert legal advice is also essential to guide you through the process, assess your claim's validity, and represent you in court.
The process of contesting a will alone can be overwhelming. That's why consulting with a probate law expert helps in no small measure. Lawhive's wills, trust and probate solicitors provide personalised advice and support to help you build a strong case and protect your rights. If you want to contest a will, don't hesitate to contact our probate law experts.