Contesting a will is difficult, but it can be a necessity - this article will explain this further.
None of us wake up and decide to contest a will on a whim. Experiencing the pain of finding out that a late loved one has not upheld promises or left you an inheritance that lives up to the relationship you had when they were alive is incredibly difficult, and, if you can’t work out a favourable solution with other beneficiaries, contesting that will may be the only option you have.
Below, we look at some of the most common reasons why wills are contested.
Formalities not followed – invalid execution
As with any legal document, everything must be executed according to rigorous clerical requirements. With so many people choosing to use DIY will packs that promise to make will-writing quick, easy, and painless, it is incredibly common for wills to fall short of these requirements. Will dispute solicitors are well-versed in these requirements, but the average person is not.
Even if every bequest made in your will represents your wishes and the entire document is comprehensive, clear, and up to date, a single error with signing or witnessing could destroy its validity after your death.
Undue influence/coercion
Not everyone respects their loved ones’ wishes and, unfortunately, it’s not unheard of for a will to contain details that are not truly representative of the testator’s wishes. It can be incredibly difficult to prove that someone has coerced or forced someone to alter their will but, if loved ones are suspicious, then contesting a will may be their only option for getting the justice that the late testator deserves.
The easiest way to avoid this is to work with a solicitor on any and all revisions you make to your will over the years. Don’t attempt to make those revisions yourself – your solicitor will draft a new will with you.
Lack of capacity
In the UK, many of us struggle to talk about – or even think about – our deaths, and that means that, unfortunately, the majority of us still delay creating a will until we are much older.
The biggest downside to this, of course, is that we may delay it until it is too late. Whether it’s caused by a neurodegenerative illness like dementia, age, or injury, some of us will reach a point when we are no longer capable of detailing our own wishes. This is known as a lack of testamentary capacity and, if it can be proven, is enough to invalidate your entire will.
This is a compelling argument for planning for your loved ones’ futures – and the future of your estate – sooner, rather than later.
Fraud/forgery
Some wills may not even contain any of the testator’s wishes, and may have been drafted without their knowledge. If this can be proven then, of course, nothing in the will can be upheld, and if there is no previous will, the estate will be distributed in accordance to the rules of intestacy.
Financial maintenance
You don’t necessarily have to be a close blood relative or spouse of the testator to contest their will. If you are able to prove that you received consistent financial maintenance from them when they were alive, but their will does not make any concession to that, then you may be able to contest it and receive something from their estate.
These situations can be tricky, but they’re certainly not unheard of.
