Is it worth contesting a will?

It can be difficult enough when a cherished family member or friend passes away, but discovering that they have not made adequate provision in their Will can be very hard to manage during a period of grief. In such a sensitive and challenging situation, having the guidance and support of an experienced legal professional can be invaluable.

Our team of knowledgeable solicitors specialises in contesting a Will and the team is experienced in helping you navigate this complicated and emotional process. The team has created a comprehensive guide below to assist you in understanding the intricacies of contesting a Will and what to expect.

The importance of having a will

Having a Will is an important way to protect your assets by allowing you to specify how you want them to be gifted after death, and ensuring that your wishes are respected. Having a Will in place also minimises potential disputes among family and heirs, reduces the burden of probate court litigation, and can be used to designate a guardian for any minor children.

If you pass away without having a Will in place, there are certain rules which dictate how your estate (money, home and belongings) should be distributed. These are called the rules of intestacy and they may not be in line with your wishes.

When it comes to unmarried partners, they cannot inherit from each other, under the rules of intestacy, without a Will, which may lead to serious financial problems if one were to die without making adequate financial provisions for the other.

If you have children, making a Will is even more important, as a Will can also set out arrangements for the child’s care and future, should their parents die. The rules of intestacy state that all children will receive their inheritance outright at the age of 18, but making a Will means you can choose the age at which they will receive their inheritance (so long as they are over the age of 18).

Having a Will in place can provide peace of mind and help ensure that your legacy is passed on according to your wishes.

I wasn’t in the Will – now what?

Not being included in a loved one’s Will can come as a surprise, even more so if you were led to believe otherwise. However, this is not uncommon. To prepare for contesting a Will, consider documenting what you expected to be in the Will. Keep in mind that deadlines apply for contesting a Will, some of which are very short, so it’s crucial to seek legal advice as soon as possible.

Please bear in mind that the process of contesting a Will can be both lengthy and emotionally draining for family. Before proceeding, it is important to assess the facts thoroughly and conduct initial investigations before the estate has been distributed. It is also important to understand that there are only limited grounds for contesting a Will.

What grounds are there for contesting a Will?

There are grounds that permit a Will to be contested:

● The deceased did not have the required mental capacity. This means that at the time the Will was made, they were unable to decide for themselves because of an impairment of or a disturbance in the functioning of the brain. In these cases, medical records and the opinion of a medical expert are crucial.
● The deceased did not properly understand and approve the content of the Will. Examples of this include the deceased being visually impaired, frail or having low levels of literacy.
● When there has been undue influence. This can be more difficult to prove as the court must be satisfied that the deceased had inappropriate influence applied to them and acted against their own volition.
● If a Will has been forged, it will be invalid. To contest on the grounds of forgery or fraud it may involve the use of handwriting experts. Fraud cases are quite rare but an example of this would be when a person impersonated the deceased.
● You may be able to also make a claim under no inheritance Act 1975 that the Will did not make reasonable financial provision for you. Therefore, the Will is valid, but you will still receive all or part of the estate.

Is it worth contesting a Will?
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. Merely being unhappy with what you have been left is in itself not a sufficient reason to contest a Will.

It’s important to understand that contesting a Will is not a guarantee of success. You must be able to provide solid evidence to support your case and show that the Will is not in line with the true wishes of the deceased. The legal process of contesting a Will can be lengthy and requires patience, perseverance, and resources.

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 Sheffield and Doncaster 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. If you have any questions, get in touch with our experts today.