Contesting a Will

Yes, a Will can be contested if there are grounds to do so. This can include if the Will was not properly executed, if the person making the Will did not have the capacity to do so, if they were unduly influenced, or if there are disputes over the distribution of assets. Contesting a Will can be a complex legal process and it is recommended to seek the advice of a solicitor.

When a Will is contested it means that someone is challenging the validity of the Will. This can happen if they believe the will was not properly executed, the person making the Will did not have the capacity to do so, or if they suspect foul play. The matter could proceed to court, and a judge will decide whether the Will is valid or not. If the Will is deemed invalid, the deceased's estate will be distributed according to the rules of intestacy or a previous valid Will.

No, the claimant must benefit from the claim to be able to contest a Will. For example they must benefit under the intestacy rules or the previous will to challenge the validity of the Will.

There are various classes of people that can make a claim including children, people treated as children (including step children), spouses and former spouses, and any person maintained wholly or partly by the Deceased before death (this could include wider family members, friends or partners).

If you stand to inherit under the terms of a previous will or under the rules of intestacy, then you are likely to be able to contest the Will.

If you are making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision then there are a limited number of people who can claim.

If you wish to contest a Will, please give us a call and we will discuss with you whether you are able.

Yes, a sibling can contest a Will if they would benefit under the previous Will or the intestacy rules. However, contesting a Will can be a complex and costly process, and it is recommended to seek legal advice before proceeding.

Each contesting a Will claim is different, so it's important that you seek the expertise and advise of a specialist solicitor for advice on your specific circumstances. If you wish to contest a Will, please give us a call and we will discuss with you whether you are able.

Yes, grandchildren can contest a Will if they would benefit under the previous Will or the intestacy rules. If you wish to contest a Will, please get in touch with Forbes and we will discuss with you whether you are able.

A Will can be contested if it is believed to be invalid due to lack of capacity, undue influence, fraud, or improper execution. It can also be contested if there is a dispute over the distribution of assets or if the Will does not comply with legal requirements.

How much contesting a Will costs will depend on the specific circumstances involved as this will affect the amount of work involved in challenging the existing Will. Complex Wills involving several parties and the type of evidence required may be more costly to contest.

At Forbes, we are flexible with fees in order to suit your needs. We often pursue matters on a "no win, no fee" basis, we can defer costs and we work with clients to ensure their matter is pursued as efficiently and cost effectively as possible.

To contest a Will and win you must benefit from the claim and have valid grounds, such as lack of capacity, undue influence, or improper execution. You need good evidence in support of the ground you are pursuing.

Your solicitor will be able to help with every aspect of the process and has the experience needed from previous contested Wills they have been involved with to build a strong body of supporting evidence that has the best chance of success.

Anyone who would benefit from a claim or who has an interest in the estate of the deceased can contest a Will. This could include family members, beneficiaries, and creditors. However, they must have valid grounds for contesting the Will, such as undue influence, lack of capacity, or fraud.

The grounds for contesting a Will include lack of testamentary capacity, lack of knowledge and approval of the terms of the Will, undue influence, fraud or forgery, and improper execution. Lack of testamentary capacity refers to the testator's inability to understand the nature and effect of making a Will. Undue influence occurs when the testator is coerced or forced into making a particular provision in the Will. Fraud or forgery refers to the creation or alteration of a Will with the intention to deceive. Improper execution refers to failure to comply with the legal formalities required for making a valid Will.

To contest a Will you need to provide evidence that the Will was not executed properly, the deceased lacked mental capacity when making the Will, the deceased was unduly influenced or coerced into making the Will, or the Will is fraudulent or forged. You may also contest a Will if you were not adequately provided for as a dependent of the deceased.

Contesting a Will can result in a lengthy and expensive legal process, which may lead to the Will being upheld or declared invalid. If the Will is overturned, the deceased's assets will be distributed according to intestacy laws or a previous valid Will. Contesting a Will can also cause family disputes and damage relationships. The losing party may be required to pay some or all of the legal costs of the winning party.

No, you do not need a solicitor to contest a Will. However, it is recommended to seek legal advice from a solicitor who specialises in contentious trusts and probate to ensure that you understand the legal process and your rights. Contesting a Will can be risky, complex or emotional, and a solicitor can provide guidance and support throughout the process.

You have six months from the date of the grant to issue a claim under the Inheritance Act otherwsie you would need the permission of the court to do so. There are no such time scales for a challenge to the validity of a Will. But it is recommended to seek legal advice if you are considering contesting a Will as soon as practicable to avoid the estate administration and distribution taking place.

To contest a Will you must first have the legal standing, such as being a beneficiary or someone who would benefit from the claim. The process involves sending a pre-action letter of claim setting out the grounds for the claim and the evidence in support. If necessary, some disputes will result in a claim being issued at court and the outcome being decided by a Judge following a trial.

If you are successful in a claim to challenge a Will, the court may declare the Will invalid and set it aside. The deceased person's estate will then be distributed according to a previous valid Will, or the rules of intestacy, which means that their assets will be divided among their surviving relatives in a predetermined order. However, if the court finds that the Will was made under undue influence or fraud, it may also order that the person who exerted such influence or committed fraud be excluded from inheriting any part of the estate.

Yes, you can contest a Will even if you are not named in it. However, you must also have the legal standing to contest the Will, which typically means you must be a spouse, child, or dependent of the deceased for an Inheritance Act claim, or benefit under a previous Will or the intestacy rules in a validity challenge.

A Will contest is a legal challenge to the validity of a Will. A probate dispute is a disagreement over the administration of an estate, such as the distribution of assets or the appointment or removal of an executor.

Yes, it may be possible to contest a Will made outside of the UK. However, the laws of the country where the Will was made may also need to be considered. It is recommended to seek legal advice from a specialist in international wills and estates.