Is It Worth Contesting a Will?
When a loved one passes away, it's a time of grief and reflection. It’s only made more difficult when the contents of their Will is revealed and you have concerns it doesn’t reflect their final wishes or you’re worried about the way it was produced.
Contesting a Will
If you think your inheritance was unfair, or if you weren’t in the Will at all, it can be contested. However, you should only start the process if you have concrete evidence that the Will is invalid or if it doesn’t make “reasonable financial provision” for someone who was looked after financially by the Will maker.
It's also important to understand that contesting a Will isn't a straightforward process - it will require a lot of time, emotional energy and often finance.
It’s recommended that anyone who is considering contesting a Will should seek appropriate guidance from an experienced solicitor, as this can be instrumental in making your experience as straightforward as possible.
At GloverPriest, our team of Wills and Probate Solicitors have vast experience in Contested Wills and Inheritance Disputes and can provide expert legal advice, offering guidance on the merits of your claim, as well as how to fund it and the risks associated with claiming.
Who Can Contest a Will?
Generally, only those who have a financial interest in the estate, such as spouses, children, or dependents, can contest a Will. If you believe you have grounds to contest a Will, contact GloverPriest’s Litigation team for expert advice.
Evidence Needed to Contest a Will
Key evidence when contesting a Will includes proof of undue influence, lack of testamentary capacity, or non-compliance with the Wills Act 1837. Concrete evidence increases the chances of a favourable outcome.
How to Contest a Will
You can contest a Will if you think it’s invalid or it does not make “reasonable financial provision” for someone who was “financially maintained” by the individual before they died.
There are several grounds for contesting a Will to show it’s invalid. These include:
- Lack of testamentary capacity
- Undue influence or coercion
- Lack of knowledge and approval
- Wills Act 1837
- Forgery and fraud
Lack of Testamentary Capacity
To legally execute a Will, the person must have had what’s known as testamentary capacity. This means they must have the mental ability to understand the extent of their property, the identity of any of the beneficiaries and what the Will does upon their death.
In other words, they should have a good understanding of the consequences of their Will and what will happen when they pass away.
If you’re worried the individual lacked capacity when they made the Will, our solicitors can help look through medical records or request professional opinions to support your claim.
Undue Influence or Coercion
If you suspect that the testator, or person who made the Will, was in any way influenced or pressured into signing a Will, it could be grounds to contest.
Coercion can be subtle and is often exerted by close family members or friends. It's incredibly important to find concrete evidence proving undue influence or coercion, a challenging task that expert solicitors are equipped to assist you with.
Lack of Knowledge and Approval
When a person creates a Will, they ought to understand and approve of its contents for it to be legitimate. If there was no fair understanding, there could be an argument for “lack of knowledge or approval” if the Will contains significant surprises or inconsistencies.
Wills Act 1837
The Wills Act 1837 says that a valid Will must be written and signed by the individual in the presence of two witnesses. They also have to sign the Will in the presence of the individual. If these guidelines aren’t strictly followed, it can affect how the Will is executed when that time comes.
Forgery and Fraud
Forgery or fraud can make any legal document, including a Will, invalid. If there are doubts about the credibility of the Will, the signature, or if changes were made after it was signed, you can contest the Will under these grounds.
Can I Contest a Will if I’m Unhappy With It?
Yes, you can contest a Will if you’re unhappy with it, but you must have concrete evidence to back up any claim. Dissatisfaction alone doesn’t form a basis for contesting a Will, there must be valid cause.
The most common grounds for contesting a Will include:
- Suspicion of undue influence or coercion.
- A belief that the person lacked mental capacity when they created the Will.
- The absence of required witnesses during the signing.
This means your decision to contest a Will must be very well thought-out.
One factor to consider is your standing in the matter - are you a spouse, child or any other person who was financially supported by the deceased? If you were, you may automatically have legal grounds for contention.
While every claim is unique and past success rates don’t guarantee future results, it’s always advisable to discuss your claim with an experienced solicitor. GloverPriest can guide you through this process, making it as straightforward for you as possible.
What Are the Time Limits for Contesting a Will?
Time limits can vary depending on the type of claim:
- Validity of the Will: No strict time limit but acting quickly is advisable.
- Inheritance (Provision for Family and Dependants) Act 1975: 6 months from the grant of probate.
- Rectification of the Will: 6 months from the grant of probate.
Seek legal advice immediately to understand the specific time limits that apply to your case.
How Much Does It Cost to Contest a Will
While the emotional aspect of losing a loved one is likely at the forefront of your mind, it’s important not to forget about the financial implications of contesting a Will.
Legal disputes can be lengthy and costly with no guarantee of success. You should always consider the potential legal fees versus the possible gain from the estate before making your claim.
You should think about:
- Legitimate claim: Do you have a legal basis to contest the Will?
- Evidence: Do you have concrete evidence to support your claim?
- Counsel: Do you have competent solicitors to guide you through this often challenging process?
This should help you make an informed decision about whether it's worth the emotional stress, time and financial investment to contest a Will.
Success Rate of a Contesting Will UK
From the outset, it's important to understand that statistics on the success rate of contesting a Will in the UK are scarce. This is partly due to the confidential nature of many Will dispute cases: often the involved parties prefer to settle conflicts privately, making it very hard to gather reliable data. However, you shouldn’t be discouraged.
Based on the available data and GloverPriest’s experience in handling such cases, successful outcomes are more likely when there is concrete evidence supporting the contest.
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Statistic
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Data
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Estimated number of people disputing wills annually
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Approximately 10,000
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Success rate of contested wills
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Generally low, with only about 3-5% succeeding in court
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Increase in will disputes over five years
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34% rise between 2017 and 2022, with cases reaching UK judges increasing from 145 to 195
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Common grounds for contesting a will
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Lack of testamentary capacity, undue influence, failure to comply with legal formalities, fraud or forgery
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Percentage of people likely to experience a will, inheritance, or probate dispute in their lifetime
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75%
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Most common relationship involved in inheritance disputes
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Siblings
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Sources theguardian.com, bishopandsewell.co.uk, aatos.app, ifamagazine.com & ibblaw.co.uk
In cases where there's strong evidence of persuasion or coercion, where the individual didn’t have full mental capacity at the time they made their Will, or if there was any kind of failure to comply with the Wills Act’s guidelines, it's more likely to be a winning case.
However, even with a compelling case, the process can still be very complex, so you must take into account the time, effort, and financial resources that you'll need.
While the chances of success vary considerably, your chances can significantly improve with experienced solicitors guiding you through the process and providing rigorous scrutiny of the relevant documents and evidence.
How to Prevent Someone Contesting a Will UK
To prevent your Will from being contested:
- Ensure Clarity: Make sure your Will is clear and unambiguous.
- Seek Legal Advice: Have your Will prepared or reviewed by a solicitor.
- Communicate: Discuss your Will with your beneficiaries to avoid surprises.
How can GloverPriest Help?
At GloverPriest Solicitors, our expert litigation solicitors are here to support your contentious probate claims.
We have substantial experience in all areas of Will and inheritance disputes and can advise you on the merits of your claim, as well as how to fund it and the risks associated with claiming.
FAQs
What is the success rate of contesting a Will in the UK?
Despite the private nature of most Will dispute cases making precise statistics hard to gather, success rates can significantly increase if you have concrete evidence to back up your claim along with the representation of an experienced solicitor.
What type of evidence is required when contesting a Will?
Key evidence when contesting a Will includes proof of undue influence, lack of testamentary capacity, or non-compliance with the Wills Act 1837. This supporting evidence increases the chances of a favourable outcome.
Can I contest a Will without legal help?
While it's technically possible to contest a Will without legal help, the legal process is incredibly complex, making expert guidance crucial for navigating these challenges efficiently and effectively.
Who are GloverPriest Solicitors?
GloverPriest Solicitors are experienced legal professionals in the West Midlands. On hand to offer practical, reliable and experienced advice, our caring lawyers can help you at any stage of life.
How does a solicitor improve chances of success in contesting a Will?
Due to the legal complexity and the need for strong supporting evidence, experienced solicitors can offer essential guidance in any Wills and Probate case. They focus on upholding justice and the client's best interests, which can enhance the probability of a favourable resolution in Will disputes.