There is a myth surrounding wills: “When there is a Will, there is a challenge.” However, this is not often the case. In reality, the majority of wills go uncontested, and their instructions are upheld to honour the desires of the deceased.
Nevertheless, there is a rising pattern where dissatisfied heirs attempt to challenge a will and question its provisions or the absence of provisions. It may come as a surprise that these disputes do not always revolve around money; in fact, disputes frequently arise concerning sentimental possessions or cherished items.
The 6 Grounds for Contesting a Will
The reasons for challenging a will, also known as grounds for contesting a will, can vary depending on jurisdiction and specific circumstances. There are 6 main reasons:
1. Lack of Testamentary Capacity
This occurs when the testator was not of sound mind or did not have the mental capacity to understand the nature and consequences of creating a will. It may involve conditions such as mental illness, dementia, or being under the influence of drugs or alcohol.
2. Lack of Proper Formalities
Wills must meet certain legal requirements to be considered valid. If the will was not properly executed according to the legal formalities of the jurisdiction, such as having the required number of witnesses or signatures, it may be challenged.
3. Lack of Knowledge and Approval
If the testator was unfamiliar with the specific provisions of the will, it may indicate a lack of knowledge and approval. This could occur if someone else prepared the will without proper explanation or if the testator's signature was obtained without them reviewing the document.
4. Undue Influence
This refers to situations where the testator was coerced, manipulated, or subjected to excessive pressure that influenced their decisions regarding the will. It often involves a person exerting their control over the testator, taking advantage of their vulnerability.
5. Fraudulent and Forged Wills
If it can be proven that the will was obtained through fraudulent means or that the signature or contents of the will were forged, it can be grounds for contesting its validity. Also, if it can be demonstrated that the will was altered or tampered with after its execution, it can be contested on the basis of fraudulent changes.
6. Rectification and Construction Claims
If there are errors, inconsistencies, or unclear provisions in the will, it can lead to disputes among beneficiaries and potential challenges to its validity. Similarly, if a more recent will exists that revokes or supersedes a previous will, it can be used as grounds to challenge the validity of the earlier will.
Who Can Contest a Will?
The following individuals generally have the legal standing to contest a will:
- Beneficiaries: Beneficiaries named in the current or previous wills may contest the will if they believe it does not accurately reflect the testator's true intentions.
- Intended Beneficiaries: Individuals who were promised an inheritance by the deceased but were excluded from the will may have grounds to contest it.
- Executors and Administrators: Executors or administrators of the estate may challenge the will if they believe it is invalid or does not adhere to legal requirements.
- Family Members: Spouses, civil partners, children (including adopted and stepchildren), and dependents of the deceased may contest the will under the Inheritance Act 1975 if they believe they did not receive reasonable financial provision.
- Creditors: Creditors who are owed debts by the deceased may contest the will if they believe it unjustly deprives them of their rightful claims.
It is important to note that not everyone has an automatic right to contest a will, and the specific eligibility criteria may vary depending on the circumstances and applicable laws. It is advisable to seek legal advice from a qualified professional to determine individual rights and options
Challenging a Will: An Example Case
A recent case in the Court of Appeal serves as an illustration of this point. The case of Lewis v Warner (2017) involved Audrey Blackwell and Thomas Warner, who had been in a 20-year-long domestic partnership until Mrs Blackwell's passing in 2014. The property they resided in was solely owned by Mrs Blackwell. Surprisingly, Mrs Blackwell's will did not include any provision for Mr Warner, as he was financially secure on his own. However, at the age of 93, Mr Warner desired to continue living in the house he had called home for the past two decades and attempted to purchase it from the estate. Mrs Blackwell's daughter, who served as both the sole executor and beneficiary, refused and sought to have Mr Warner evicted from the property.
The dispute initially went before the County Court in 2015, where Mr Warner emerged victorious. This decision was subsequently appealed to the High Court, where Mr Warner once again prevailed. The daughter then made another appeal to the Court of Appeal, but the Court of Appeal ruled in favour of Mr Warner.
Mr Warner's original claim was based on the Inheritance Provision for Family and Dependents Act 1975. This Act supersedes an individual's freedom to distribute their assets to whomever they choose in their will. It establishes certain individuals for whom there is a legal obligation to provide, including spouses, children, and financially dependent individuals. In this case, Mr Warner fell under the last category and, although he did not require financial provisions from Mrs Blackwell's estate, he sought the right to remain in the house he had shared with Mrs Blackwell for 20 years. The court supported his right to do so.
The Process
The process for contesting a will involves several key steps. It begins with seeking legal advice from a solicitor who specialises in probate and inheritance disputes. The solicitor will assess the case, review the evidence, and provide guidance on the viability of contesting the will.
The first step is to gather evidence, anything from collecting any relevant documents, such as the will itself, along with supporting materials like witness statements, medical records, or expert opinions that bolster the claim for contesting the will.
In some instances, mediation or negotiation may be pursued to resolve the dispute outside of court. Parties involved can engage in discussions, aiming to reach a mutually agreeable resolution or explore alternative options that avoid the need for formal legal proceedings. If this proves unsuccessful, issuing a legal claim becomes necessary and the case will proceed to court.
Prior to a trial, there may be opportunities for settlement discussions between the parties involved. If a settlement is reached, the agreed-upon terms will be documented and subject to court approval. In the absence of a settlement, a trial will take place, and a judge will make a final decision regarding the contested will.
Following the court's decision, either party dissatisfied with the outcome may have the option to appeal the decision to a higher court. However, it is important to note that such appeals are subject to specific conditions and time limits.
Engaging the services of a qualified solicitor who specialises in will disputes is crucial throughout this process to navigate the complexities of the legal proceedings effectively. To seek the expertise of our will dispute solicitors, email info@witansolicitors.co.uk.
FAQ
What evidence is required to challenge a will?
Evidence required to challenge a will can include proof of lack of testamentary capacity, undue influence, fraud, improper execution, mistake or ambiguity, or forged alterations.
What are the deadlines for contesting a will?
The deadlines for contesting a will vary, but they generally range from a few months to a few years after the date of probate or the testator's death.
Is contesting a will sometimes successful?
Contesting a will can be successful in certain cases, particularly when valid grounds for challenge are present and sufficient evidence is provided to support the claim.
What is the primary basis for contesting a will?
The primary basis for contesting a will can include lack of testamentary capacity, undue influence, fraud, improper execution, mistake or ambiguity, and forged alterations.
How much time does it usually take to contest a will?
The time it takes to contest a will can vary significantly, depending on various factors such as the complexity of the case, court schedules, and potential negotiations between parties. It can range from several months to several years.
Can a will be challenged after probate?
A will can be challenged after probate, but the process and grounds for the challenge may differ depending on the jurisdiction and specific circumstances.
Can I dispute a will based on the testator's mental capacity?
It is possible to dispute a will based on the testator's mental capacity if there is evidence to suggest that they lacked the requisite mental capacity at the time of making the will.
Can someone contest a will on behalf of another person?
In some jurisdictions, someone can contest a will on behalf of another person if they have a legal interest or standing, such as being an heir or beneficiary who stands to be affected by the outcome.
Can an executor challenge a will?
Yes, an executor can challenge a will, although it is somewhat uncommon as the executor's role is typically to carry out the instructions of the will rather than contest its validity.
Is court involvement necessary when contesting a will?
Court involvement is often necessary when contesting a will, as it usually requires legal proceedings to present the case, gather evidence, and seek a resolution. However, alternative dispute resolution methods such as mediation may also be utilised.
Are handwritten wills legally acceptable?
The legality of handwritten wills, also known as holographic wills, depends on the jurisdiction. In some places, they may be recognised as valid if they meet specific requirements, while in other jurisdictions, they may not be enforceable at all. It is important to consult local laws and regulations to determine their acceptability in a particular jurisdiction.
