Contest a Will – How can this be achieved? This is a question that everyone should be asking themselves when it comes to writing their Wills because any gap or mistake could prove to be a valid ground for contesting a Will. Laura Richardson explains more . . .

Writing your Will should provide you with the peace of mind that your Estate is dealt with in exact accordance with your wishes. However, with up to a quarter of deaths reportedly resulting in family disputes, it is important to consider the ways a Will could be challenged in the UK. There are many reasons that someone may feel motivated to contest a Will, but there are a limited number of legal challenges that can be made under UK law.

Challenges to a Will’s validity

In order to be legally valid, a Will must be made in accordance with the requirements of the Wills Act 1837. It is therefore important to ensure that your Will is written by a competent, qualified Solicitor. Challenges made under this heading to contest a Will include:

  • Claiming that the Testator lacked mental capacity to make the Will. If there could be any foundation to claims made against your mental capacity, your chosen Solicitor should be able to give you comprehensive advice regarding obtaining a medical certificate to prove that you were of sound mental capacity at the time that your Will was written and signed.
  • Claiming that the Will was forged by a different party. In order to prevent forgery claims, your Solicitor should be able to produce notes and meeting records in order to prove that your Will was written by you.
  • Claiming that the technical elements were not adhered to, such as that the Will wasn’t witnessed properly. Again, your chosen Solicitor should be able to advise you and assist you where necessary to ensure that all technical elements are satisfactorily completed.
  • Claiming that the Testator was under the undue influence of another party. Whilst this is a more difficult claim to dispute, it is important to remember that the challenger has to prove their claim with irrefutable evidence. You can take steps to avoid having your Will challenged in this way by meeting with your Solicitor on your own, and avoiding discussing the details of your Will with anybody until it has been finalised.

Claims made under the Inheritance (Provision for Family and Dependents) Act 1975

Under this heading challenges can be made to contest a Will by any dependent of the deceased if they feel that they have not received enough from the deceased’s Will. A dependent includes any person whom the deceased was financially maintaining at the time of their death. The Court must decide whether the Will makes “reasonable provision” for the claimant. The outcome of this type of claim is difficult to predict as the Court judges each case on its own merit and many factors are involved in the decision-making process. One way in order to protect your Will from claims under this Act is to include a letter of wishes within your Will explaining your decisions. This is particularly relevant if you have decided to exclude or limit certain people’s inheritances.

If you would like to discuss your Will in relation to any of the above information to contest a Will, call Andrew Douglas Wills and Legal Services today. As specialists in this field, we are proud to provide a comprehensive Will writing service based on experience and expertise in order to give our clients the peace of mind that they deserve.   Call today to arrange your free initial consultation!

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