When it comes to contesting a Will, Laura Richardson explains in what context it will be possible for someone to contest a Will in practice . . .

According to a recent survey by Direct Line, 29% of London residents would contest a loved one’s Will if they didn’t agree with their allocated inheritance. The survey also found that the number of Will disputes in the UK rose by around 6% in 2018 compared to the previous year. However, in order to be able to contest a Will the claimant must usually fall within one of the following criteria:

  • They are a beneficiary
  • They were promised an inheritance
  • They have been disinherited
  • They were dependent upon the deceased at the time of their death.

The claimant can then legally proceed to contest the Will under one of a number of grounds. The same Direct Line survey revealed that the most common ground to dispute a Will in the UK is to claim that the deceased was under ‘undue influence’ at the time that the Will was written. ‘Undue influence’ involves putting someone under unreasonable pressure to write or amend their Will in a certain way. This type of contestation tends to arise when the Will contains a surprising inclusion or omission, usually in comparison to an earlier Will. If you change your Will considerably and the result would be unexpected by your loved ones, then it is always advisable to seek legal advice in order to best protect your Estate from potential claims.

Interestingly, although this is the most commonly brought about contestation, it is also the least successful due to the fact that the person contesting the Will must prove that ‘undue influence’ actually occurred. As confirmed by the Judge in the case of Craig v. Lamoureux [1920]. “[It is] not enough to show that someone has the power unduly to overbear the will of the testator. It must be shown in the particular case the power was exercised and that it was, by means of that power that the will was obtained.”

Regardless of whether a claim against your Will is successful or not, when it comes to contesting a Will, your chosen beneficiaries will undoubtedly suffer a delay in receiving their inheritance from your Estate and may also be caused undue stress at what is already a difficult time. For these reasons, it is always advisable to consult with a Solicitor if you are considering any major changes to your Will.

At Andrew Douglas Wills & Legal Services, we are experienced specialists in the field of Will writing and as such you can be assured that you will receive an expert service from our friendly team. So, if you would like to discuss changing your Will, why not contact us today to arrange your free initial consultation? What’s more, during these unprecedented times we are able to offer a fully remote service. Ask us about our ‘Wills through a window’ service for more information.

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