CONTESTING A WILL
Ben Wilson of Forbes Solicitors explains how a Will can be contested and on what grounds
With an ageing population, a dramatic increase in house prices and more complex family structures, Will disputes are becoming increasingly common. I have recently experienced a rise in claims being brought against Estates.
However, Will disputes are rarely straightforward and expert advice should be sought from an early stage. Here I’ll answer a few frequently asked questions:
On what grounds can I contest a Will?
There are a number of different ways to contest a Will. In my experience, by far the most common way people contest a Will is to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (known as the ‘Inheritance Act’).
If you have been left out of a friend or family member’s Will, or if you do not think you have been left enough, then you may be able to make a claim for reasonable financial provision under the Inheritance Act.
Who can make a claim under the Inheritance Act?
Not everyone can make a claim, but people that can make a claim include children, people treated as children (including step children), spouses and former spouses, people not married but living as spouses, and any person maintained wholly or partly by the deceased before death (this could include wider family members, friends or partners).
My mum was ill when she made a Will, can I challenge it?
A Will may not be valid if the person making the Will did not have mental capacity. Other grounds to contest the validity of a Will are:
• Lack of knowledge and approval of the terms of a Will. This is often linked to lack of mental capacity but can also be argued in other cases, for example, where English is not the first language.
• Undue influence. It is often the case that a testator makes a Will at a time when they are particularly vulnerable, whether that is because of age or ill health, and this is open to abuse. If a person is forced into making a Will, then the Will is invalid.
• Fraud and forgery. If a Will is forged or the signature is forged, then it is not valid.
• Will not properly executed. There are certain formalities which must be satisfied in order for a Will to be valid. This includes a Will being in writing, signed and witnessed. If a Will is not properly executed, it is invalid.
I can’t afford legal costs, what can I do?
We will always discuss the matter with you on a free, no obligation basis to start with. If we think you have a good claim, we will be flexible with costs and make it work for you. We can defer costs to the end, offer ‘no win, no fee’ and can pursue claims on a fixed fee. Having to pay legal costs should not put you off.
If you have an issue you would like to discuss, contact Ben Wilson, Associate, by email: ben.wilson@forbessolicitors.co.uk or call 0333 207 1130
Twitter: @forbessolicitor
www.forbessolicitors.co.uk
