What Are the Chances of Successfully Contesting a Will?

Inheriting after a loved one’s passing is often bittersweet. While grief takes centre stage, the terms of the will can sometimes spark disagreement. If you believe the will is unfair or invalid, contesting it becomes a possibility. But before embarking on this potentially complex and emotionally charged journey, understanding the chances of success is crucial.

The Elusive “Success Rate”:

There’s no simple answer to the question of how often contests succeed. Unlike some legal battles with clear benchmarks, determining a “success rate” for contested wills is challenging.

Here’s why:

-Jurisdictional Variations: Will contest laws differ significantly across countries and even states within the US. What constitutes valid grounds for contesting a will in one jurisdiction might not hold weight in another.

-Specificity of Claims: The strength of your case hinges on the specific reasons for contesting the will. Undue influence or lack of mental capacity might be harder to prove than an apparent forgery or breach of fiduciary duty by the executor.

-Settlement vs. Court Victory: Many contested wills are settled outside court through negotiation and compromise. While these settlements aren’t legal victories, they often achieve a more favourable outcome for the contesting party.

When contemplating the challenge of contesting a will in the United Kingdom, it’s crucial to comprehend the intricacies involved in the process and the elements that can influence the likelihood of a successful challenge. In this article, we will delve into the various factors surrounding will contests in the UK and help you navigate the complexities that arise.

Grounds for Contesting a Will:

In the UK, a will can be contested based on several grounds, including:

-Undue Influence: If the testator (the person who made the will) was manipulated or coerced into leaving their assets in a specific manner, the will may be contested.

-Lack of Testamentary Capacity: If the testator was not of sound mind or did not understand the consequences of their decisions when creating the will, the will can be challenged.

-Invalid Execution: Wills that do not adhere to the legal requirements for proper execution are also subject to contest.

-Fraud or Forgery: A will can be challenged if it was created under deceptive circumstances or involves fraudulent activities.

Success Factors in Contesting a Will:

The chances of successfully contesting a will in the UK depend on the specific circumstances surrounding each case. While there is no definitive data on the success rates of will contests in the UK, several factors can impact the likelihood of a successful challenge.

-Strong Evidence: Presenting substantial evidence supporting your claim is vital. This could include witness statements, expert testimony, or documentation that proves undue influence, fraud, lack of testamentary capacity, or invalid execution.

-Valid Grounds: Valid legal grounds must be established to contest a will. Having a falling out with the testator or feeling entitled to more inheritance does not constitute a valid basis for contesting a will.

-Proper Legal Representation: Engaging the services of an experienced estate litigation solicitor can significantly enhance your chances of success. They can guide you through the legal process, ensure compliance with relevant laws, and help build a strong case.

Potential Risks in Contesting a Will:

While success is possible, it is crucial to consider the potential risks and consequences of contesting a will.

-Financial Costs: Legal fees can escalate rapidly during the contesting process. If your challenge fails, you might be responsible for your legal expenses and potentially those of the estate.

-Time and Emotional Strain: Will contests can take months or even years to resolve, leading to prolonged stress and emotional strain for all parties involved.

-Impact on Family Relationships: Inheritance disputes can lead to animosity and strained relationships among family members.

Conclusion:

Contesting a will is a significant decision with potential risks and rewards. To increase your chances of success, ensure you have substantial evidence supporting valid legal grounds and secure the services of an experienced estate litigation solicitor. However, weighing the potential consequences of contesting a will against the possible benefits is essential before embarking on this challenging process. By understanding the factors involved and seeking expert guidance, you can navigate the complexities of contesting a will in the UK more effectively.