Inheritance disputes can be emotionally taxing and legally complex. At Richards & Lewis, we understand the intricacies of contesting a will. This guide aims to shed light on when and how you might challenge a will, ensuring your rights are protected throughout the process.
Understanding the Grounds for Contesting a Will
Not all disagreements over a will’s contents are legally valid grounds for contestation. In England and Wales, specific criteria must be met to challenge a will’s validity:
Lack of Testamentary Capacity
The testator (person who made the will) must have been of sound mind when creating the will. If they lacked mental capacity due to illness or other reasons, the will might be invalid.
Undue Influence or Coercion
If the testator was pressured or manipulated into making certain provisions, the will could be contested on these grounds.
Forgery and Fraud
Any suspicion that the will was forged or fraudulent can lead to its invalidation.
Failure to Comply with Legal Formalities
The will must adhere to the formal requirements set out in the Wills Act 1837. Non-compliance can render the will invalid.
It’s essential to note that simply perceiving a will as unfair is not sufficient grounds for contestation. The challenge must be based on one of the legally recognised reasons above.
Who Can Contest a Will?
Not everyone has the legal standing to challenge a will. Typically, the following individuals can contest:
Beneficiaries Named in the Will: Those who stand to inherit under the current will.
Beneficiaries Under a Previous Will: Individuals who were beneficiaries in an earlier version but are omitted or receive less in the current will.
Intestate Heirs: If the will is declared invalid, the estate would be distributed according to intestacy laws.
Individuals Financially Dependent on the Deceased: Those who were financially supported by the deceased may have grounds under the Inheritance (Provision for Family and Dependants) Act 1975.
Time Limits for Contesting a Will
Timeframes for contesting a will vary based on the nature of the claim:
Inheritance (Provision for Family and Dependants) Act 1975 Claims: Must be made within six months from the date of the grant of probate.
Fraud or Forgery Claims: There’s no specific time limit, but it’s advisable to act promptly.
Other Claims (e.g. lack of testamentary capacity): While there is no strict time limit, challenges should ideally be made before the estate is distributed. Delays can complicate the process and reduce the chances of a successful outcome.
The Process of Contesting a Will
Challenging a will involves several steps:
1) Seek Legal Advice
Consult with experienced wills and probate solicitors to assess the strength of your case and understand potential risks and costs.
2) Lodge a Caveat
To prevent the grant of probate, you can enter a caveat at the Probate Registry. This is a temporary measure lasting six months and can be extended.
3) Attempt Mediation
Before resorting to court proceedings, mediation offers a less adversarial approach to resolve disputes.
4) Initiate Court Proceedings
If mediation fails, formal legal action may be necessary. The court will examine evidence and make a binding decision.
Potential Outcomes
In resolving a will contest, the court has the authority to make a variety of decisions, including but not limited to:
Uphold the Will: If the challenge isn’t successful, the will remains valid.
Invalidate the Will: If the will is deemed invalid, the estate may be distributed according to a previous valid will or, in the absence of one, intestacy laws.
Rectify the Will: In cases of clerical errors or misunderstandings, the court can order specific corrections.
Reach Out to Richards & Lewis
Contesting a will is a significant decision that requires careful consideration and expert guidance. If you’re facing an inheritance dispute, seeking prompt legal advice is crucial to protect your interests.
If you require assistance with wills and probate matters or are considering contesting a will, contact Richards & Lewis today. Our experienced team in Ebbw Vale is here to provide the legal advice and support you need. Call us on 01495 350 018 or visit our website to learn more.
