Disputing a Will

Disputing a Will can be a complex process. The Will represents the final wishes of the person who made it (‘the testator’), and courts require strong evidence to overturn it.

Grounds for Disputing a Will

There are limited grounds available for disputing a Will’s validity. These include:

Lack of testamentary capacity
The testator must be of sound mind to make a valid Will. The testator must understand the nature of the act and its effects, comprehend the extent of the property they are disposing of, appreciate the claims to which they ought to give effect, and be free from any delusion that might influence their decisions regarding the disposition of their property. Evidence of mental incapacity at the time could invalidate the Will.

Undue influence
Undue influence can significantly impact the validity of a Will by rendering it invalid if it is proven that the Will was not a product of the testator’s true intentions, but was made under coercion or fraud. Undue influence involves a situation where the testator’s free will is overpowered by another individual, leading to a testamentary disposition that does not reflect the testator’s genuine desires.
Undue influence must be explicitly proven by the party alleging it, as there is no presumption of undue influence in the context of Wills. This proof must demonstrate that the influence exerted was so significant that it deprived the testator of their judgement and free action, making the Will an expression of someone else’s wishes rather than their own

Fraud and forgery
Clear evidence that the Will was forged or executed fraudulently would render it invalid.
Forms of fraudulent activity can include forging a testator’s signature, adding new legacies after the testator’s death, or failing to explain the Will’s effects properly to the testator if the preparer stands to benefit. These actions can render a Will or specific provisions within it void due to non-compliance with the formal requirements of the Wills Act 1837.

Improper execution
The Will must comply with legal formalities for due execution. For the Will to be validly executed, it must be signed by the testator in the presence of two witnesses, who should not be beneficiaries or their spouses or civil partners, who then sign the Will to confirm they have acted as witnesses.

Revocation of the Will
Locating a newer valid Will revokes the previous Will made by the testator.
If the testator married after making the Will, this will also automatically revoke the Will.

If you have any questions about Wills, our Wills, Trusts and Probate department and probate solicitors Manchester will be happy to answer them all. Contact us on the phone at 0161 926 9969 or via email at wtp@mlplaw.co.uk.

FAQs

Who can contest a Will?

Anyone can contest a Will if they’re concerned it might be invalid. This is usually someone with an interest in the estate. This can be cases where you were expecting to inherit and didn’t, or if you were expecting to inherit more, or haven’t been left enough.

This will have to be looked at on a case-by-case basis so that our lawyers can discuss whether or not we think we can make a successful claim.

What are the grounds for contesting a Will?

There are five grounds for disputing a Will. They are:

• Lack of testamentary capacity
• Lack of valid execution
• Lack of knowledge and approval
• Undue influence
• Fraud or forgery

Can you dispute a Will after probate?

The answer is yes, you can still contest a Will even if probate has already been granted. If this is the case, our lawyers will notify the other party (such as the executor and other beneficiaries) that the validity of the Will is being contested.

This may prevent or delay the estate from being administered until the dispute is resolved.

Can you contest a Will before the person has died?

No, as they may be able to change their Will before they die. If you are worried about the terms of a Will or the circumstances in which it was drawn up, it is recommended that you talk to the testator/testatrix while they are still alive.

This may not be the case for a Statutory Will that has been drawn up for a person who has lost mental capacity. If you disagree with the terms of the Will you might want to challenge it while they are alive.