Who Can Contest a Will?

When a loved one passes away, the contents of their Will can sometimes spark questions or concerns. If you believe there are valid grounds to contest a Will, understanding who is eligible to do so is a critical first step.

Most people want to contest a Will because they are concerned that the Will is not valid or because they are disappointed about the level of provision made for them in the Will.

Challenging the Validity of a Will

The validity of a Will can be challenged on some limited grounds:

1. Lack of Testamentary Capacity: The deceased did not understand the nature of the will or its consequences.

2. Undue Influence: The will was made under pressure or coercion.

3. Improper Execution: The will was not signed or witnessed correctly as required by law.

4. Fraud or Forgery: The will is not genuine.

5. Lack of Knowledge and Approval: The deceased did not fully understand or approve the contents of the will.

A challenge can be brought by the following person(s):

1. Anyone named in the Will as a beneficiary.

2. Anyone named as a beneficiary in a previous Will.

3. Family members with a natural claim to the estate of the Deceased even if they are not named in the Will such as spouses or civil partners, children, stepchildren and adopted children.

4. Anyone with a financial interest in the estate such as creditors.

A Claim for Financial Provision

It is also possible for some people to bring a claim under the Inheritance (Provision for Family and Dependants) At 1975 to effectively re-write the Will to obtain a share of the estate.

Those persons who can bring a claim are:

1. The spouse or civil partner of the deceased.

2. A former spouse or civil partner provided they have not remarried or entered into a civil partnership.

3. The cohabitee of the deceased provided they have cohabited with the deceased for a period of at least two years prior to their death.

4. The children of the deceased including adopted children.

5. Stepchildren who are treated as a child of the family by the deceased.

6. Any person that was being maintained by the deceased immediately before their death.

We are specialists in probate litigation and have the necessary knowledge and experience to assist you. It’s all we do. We fight for your right to get the inheritance you deserve and provide expert guidance to ensure your voice is heard, guiding you through the legal process with care, compassion and proven expertise.

We are committed to practicing those things that constitute good service from a client’s perspective:

• We are accessible and responsive

• We always push the case and tell the client

• We stick to agreed deadlines and timings and do things within a reasonable timescale

Further, we have a policy of ‘no surprises’ in respect of costs by always telling our clients:

• What we are going to do

• What we are not going to do

• Who is going to do it

• When it will be done by

• How much it is going to cost

How Can Forbes Help You

We always strive to offer our clients a range of price and payment options so that they can choose the one that best suits their requirements. In addition, we keep clients updated in respect of costs as the matter progresses.

Our expert Contentious Probate Team is here to guide you every step of the way. Start your journey toward justice today with a free, no-obligation consultation.