Contesting a will: step by step guide

Contesting a will can be a daunting task, but with the right guidance, you can navigate the intricate legal landscape with confidence. Our blog offers an outline to contesting a will, providing you with the insights and tools necessary to understand the process.

From recognising valid grounds for contestation to gathering evidence, submitting a claim, and potentially facing court proceedings, our guide takes you through each required step. We break down legal jargon, highlight key considerations, and empower you with the information needed to make informed decisions during this emotionally charged journey.

Under what circumstances can I contest a will?

• Lack of testamentary capacity – If you believe the testator lacked capacity when the will was made then it may not be valid. The testator must have fully understood what they were doing and committing to when providing instructions and signing the will.
• Correct procedure – The correct procedure must have been followed when the will was drafted and signed. The will may be invalid if this procedure was not followed.
• Undue influence – If the testator was manipulated into making or amending the will then the will, will be invalid.
• Fraud – If the will or the signature of the will has been forged then it is not valid.
• Inheritance Act – If you were financially dependent upon the deceased and reasonable financial provision has not been made for you.
• Property Estoppel – If the deceased promised to leave all or part of the estate to you and you have acted to your detriment on that promise. 

How to contest a will

1. Get legal advice – It is important that you get legal advice before contesting a will. This will allow you to ensure you follow the time constraints and will ensure you have a valid argument.
2. Lodge a caveat – A caveat prevents a Grant of Probate or Letters of Administration from being made, if you believe the will is not valid and a grant should not be issued against it.
3. Court – If mediation and alternative dispute resolution techniques do not work, then the dispute can be taken to court.

What are the time constraints for contesting a will?

• Contesting the validity – If you are contesting the validity of a will, then there is no time frame. However, it is important that you do this as soon as possible, the estate monies can be spent or evidence lost with any delay.
• Inheritance Act 1975 – If you are contesting the will for reasonable financial provision, then you have 6 months from the Grant of Probate or Grant of Letters of Administration.
• Rectification of the will – You have 6 months from the Grant of Probate.

How can Taylor Bracewell’s Dispute Resolution team assist you?

Contesting a will can be a complex and emotionally taxing process. However, if you believe that there is are valid reason for contesting the will, it may be worth pursuing. Each case is unique, and it is recommended to seek legal advice from a solicitor as soon as possible. The solicitor will be able to assess your individual circumstances, review the evidence you have, and provide you with an accurate assessment of your chances of success.

Our solicitors in Doncaster and Sheffield have many years of experience in probate and the process of contesting a will. We can help you to start the process as well as providing support through the emotional fallout. Contact our Doncaster team on 01302 341414 or our Sheffield team on 0114 272 1884. Alternatively, you can fill out our online enquiry form.