If you believe a Will does not reflect the true intentions of the deceased or was created under questionable circumstances, UK law provides several avenues to challenge its validity. This note outlines the legal grounds, process, and recent case examples to help you understand your options.
Legal grounds for challenging a Will
You may dispute a Will based on:
– Mental Capacity: The person making the Will (the testator) must have understood what they were doing. Conditions like dementia may affect this.
– Undue Influence: If someone pressured the testator into making the will, it may be invalid.
– Improper Execution: A valid Will must be written, signed by the testator, and witnessed by two people present at the same time.
– Fraud or Forgery: If the Will was tampered with or forged, it can be challenged.
– Insufficient Financial Provision: Certain individuals (e.g. spouses, children, dependants) can claim if the Will fails to provide for them under the Inheritance Act 1975.
Who can challenge a Will?
– Family members or dependants
– Beneficiaries of earlier Wills
– Individuals with a financial interest in the estate
Time limits to challenge a Will
Claims under the Inheritance Act must be made within six months of the grant of probate. Other types of claims may have different time limits, so early legal advice is essential.
Legal process for disputing a Will
Disputing a Will—also known as contentious probate—involves several procedural steps governed by UK law. The process is designed to ensure fairness while protecting the intentions of the deceased.
Step-by-Step Process:
1. Identify Grounds for Challenge: Common legal grounds include lack of testamentary capacity, undue influence, failure to comply with formalities, fraud or forgery, and lack of knowledge and approval.
2. Seek Legal Advice: Early legal consultation is crucial to assess the strength of your claim and avoid procedural missteps.
3. Lodge a Caveat: To prevent probate from being granted, you can lodge a caveat with the Probate Registry. This halts the process for six months, allowing time to investigate and potentially resolve the dispute.
4. Gather Evidence: This may include medical records, witness statements, earlier versions of the Will, and expert testimony.
5. Attempt Mediation: Before going to court, parties are encouraged to try mediation, where an independent mediator facilitates a resolution.
6. Court Proceedings: If mediation fails, the case proceeds to the High Court (Family Division). The court will examine evidence and determine whether the Will is valid.
7. Outcome: If the Will is declared invalid, a previous valid will may be reinstated or the estate is distributed under intestacy rules.
Historic legal precedents
Banks v Goodfellow (1870): This landmark case established the test for testamentary capacity. The court ruled that a person must:
– Understand the nature of making a Will
– Know the extent of their property
– Recognise the claims of those who might expect to benefit
This case remains the foundation for assessing mental capacity in will disputes.
Mental Capacity Act 2005: This Act provides a modern framework for assessing capacity. It presumes capacity unless proven otherwise and outlines how decisions should be made for individuals lacking capacity. It is frequently referenced in disputes involving dementia or cognitive impairment.
Recent case examples of contesting a Will
– Crew v Oakley: A Will was partially torn and completed by someone else. The court examined whether this act revoked the Will and whether the testator had capacity.
– The Mince Pie Box Will: A Will written on a mince pie box was challenged for not meeting legal formalities. The case highlighted the risks of informal Wills.
– Biological vs Non-Biological Children: Courts awarded provision to a non-biological child while excluding a biological child due to estrangement.
– Rogers v Wills (2025 EWHC 1367 Ch): A daughter excluded from her mother’s Will received compensation due to her caregiving role.
Next steps to disputing a Will
If you are considering disputing a Will:
– Seek legal advice promptly
– Gather relevant documents (e.g. medical records, previous wills)
– Consider mediation before litigation
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