Challenging a Will: Who Can Do It?

The death of a loved one is a deeply emotional experience.

However, in some cases, disagreements may arise regarding the terms of their will. If you believe a will is invalid or not reflective of the deceased’s wishes, you might consider challenging the will.

Understanding Will Contests

A will challenge, formally known as a will dispute, is a legal process where the validity or provisions of a will are contested in court. This can occur for various reasons, such as:

Lack of Testamentary Capacity: The deceased may not have had the mental capacity to create a will.
Undue Influence: Someone might have pressured or coerced the deceased into making a will that doesn’t reflect their true wishes.
Execution: The will may not have been created or witnessed according to legal requirements.
Reasonable Financial Provision: If you are a spouse, child, civil partner or financial dependent who was not adequately provided for in the will, you may have grounds to bring a claim against the estate.

Who Can Challenge a Will?

Typically, Wills are challenged by those who stand to benefit from an earlier Will or intestacy.

Not everyone has the legal standing to contest a will.

Generally, those with a legitimate interest in the estate can initiate a challenge.

This may include:

Beneficiaries Named in an earlier Will: If you believe you were wrongly excluded from the last will or received a smaller inheritance than you were entitled to, we can investigate whether there are any legal grounds to contest the last Will.
Those excluded from the Will: Children, spouses, and civil partners who were financially dependent on the deceased may have a claim for reasonable financial provision, even if they were not named in the will.
Next of Kin: If there is no valid will, the estate is distributed according to the intestacy rules. Those who would inherit under intestacy might challenge a will if they have concerns about its validity.
Creditors: Creditors owed money by the deceased can bring a claim against the estate to ensure their debts are paid from the estate.

Seeking Legal Guidance

Contesting a will is a complex legal process with significant emotional and financial implications.

Here’s why seeking guidance from a solicitor at Hedges Law is crucial:

Understanding the Grounds: A solicitor can assess your situation and determine whether you have a valid basis for challenging the will.
Gathering Evidence: Building a strong case requires gathering evidence to support your claim. A solicitor can help locate and present this evidence effectively.
Negotiation and Mediation: In many cases, disputes can be resolved through negotiation or mediation before reaching court. A solicitor can facilitate these processes and advocate for your best interests.
Court Representation: If litigation becomes necessary, a solicitor can represent you in court, ensuring your rights are protected and your arguments are presented persuasively.

The Importance of Early Action

Time limits apply to bringing a claim against the estate.

In most cases, you have six months from the date the grant of probate is issued to issue a claim.

A solicitor at Hedges Law can advise you on the specific deadlines applicable to your situation.

Alternatives to Will Contests

In some cases, contesting a will may not be the best course of action.

Alternative options might include:

Reaching an Agreement: If all parties involved are willing to communicate openly, a mutually agreeable solution can be reached outside of court. A solicitor can facilitate this process.
Finding out where you stand: our clients often come to us simply wanting to find out their legal rights and options. If there are no grounds to contest the Will, then they are satisfied that they have the closure they need and understand that all options have been explored.

Challenging a will can be a challenging and emotionally charged experience. However, if you believe the will is invalid or unfair, you may have the right to contest it.

Understanding your legal position and seeking professional legal guidance from a solicitor is crucial.

We can help navigate the complexities of will disputes, give straight forward and pragmatic advice that is tailored to your goals and budget, and protect your position.