Contesting a Will in England and Wales: Grounds and Process

Contesting a will can be a daunting process, especially if you feel you’ve been treated unfairly or believe the will is invalid. In England and Wales, there are strict legal grounds for challenging a will, and the process can be both emotionally and financially demanding.

Grounds for Contesting a Will

You can only contest a will if you have a valid legal reason. Common grounds include lack of testamentary capacity, where the person making the will didn’t fully understand what they were doing. Undue influence is another ground, which involves someone pressuring the testator to make the will in a way that doesn’t reflect their true wishes. A will can also be challenged if it wasn’t signed and witnessed correctly, or if there’s evidence of fraud or forgery. Sometimes, a will may be contested if the testator didn’t know or approve of its contents.

Financial Provision Claims

If you haven’t been left what you believe is reasonable financial provision, you may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975. This law allows certain people—such as spouses, civil partners, former spouses who haven’t remarried, cohabiting partners of at least two years, children (including those treated as children), and anyone financially maintained by the deceased—to make a claim if the will doesn’t provide for them adequately.

The Process

The process usually starts with assessing whether you have a strong claim. There are strict time limits: for financial provision claims, you must act within six months of the grant of probate. Mediation is often encouraged to try to resolve disputes before going to court. If mediation doesn’t work, the case may proceed to court, which can take one to three years.

Costs and Risks

Will disputes can be expensive, with legal costs sometimes running from £10,000 to over £100,000. The process can also be emotionally draining and may affect family relationships. There’s no guarantee of success, so it’s important to weigh the risks and benefits carefully.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.