There are several reasons you might challenge a will, including:
- The person lacked the mental capacity to make the will
- They were forced or pressured into making it
- The will wasn’t signed properly
- The deceased made promises that aren’t reflected in the will
- The will is a forgery
Below, we explain these grounds in more detail.
Mental Capacity
A will isn’t valid if the person who made it didn’t have the mental ability (called “testamentary capacity”). When someone makes a will, they must:
- Understand they’re making a will and what it means
- Know the extent of their estate
- Recognise any moral claims on their estate
- Not be affected by a mental disorder that influenced their decision
Challenging a will on the grounds of mental capacity is common, especially with people living longer and conditions like dementia affecting decision-making.
Lack of Knowledge and Approval
If the person didn’t read, understand, or agree with the will’s contents, it can be declared invalid.
Coercion (Undue Influence)
If someone was pressured into making a will they didn’t want, it can be challenged. What counts as coercion depends on the strength of the person. For example, less force is needed to influence someone who is elderly or vulnerable.
Improper Signing and Witnessing
For a will to be valid, it must be signed by the person making it in the presence of two witnesses, who must also sign. If this doesn’t happen, the will can be declared invalid.
Broken Promises
If the deceased made promises to you, and you acted on them to your own disadvantage, you might have a claim. For example, if you worked for little or no pay based on a promise to inherit their business, you could challenge the will.
Fraud and Forgery
If the will is forged, or there’s proof that the real will was hidden, it can be invalidated. Claims of fraud or forgery are serious and need strong evidence.
Concerns About the Executor
Executors handle the estate and distribute assets. If you don’t trust them or feel they aren’t acting in the estate’s best interests, you may be able to apply to the court to remove them.
Take Action Quickly
If you think you have a claim, seek legal advice as soon as possible. There are strict time limits for certain claims, and early advice can help stop the probate process before it’s too late.
How Claims Are Resolved
Most will disputes don’t go to court. Many are settled through mediation, which saves time, money, and stress. If your claim does go to court, a judge will decide if you are entitled to anything.
Practical Tips
Challenging a will follows the Civil Procedure Rules, so you need a legal team with experience in probate claims. It’s also hard to predict how long the process will take. Some cases settle in a few months, while others may take years. Seek early advice to improve your chances of success.
Costs
Often clients are concerned about how to fund a claim. There are various funding options available depending on if you want to pay on an ongoing basis or enter into a funding arrangement. We offer a hybrid model whereby you pay part of our fees on an ongoing basis and the balance if your claim is successful. We can discuss the pros and cons of the different funding arrangements with you.
If you need legal assistance, call us on 0333 004 0272, fill out our contact form here or book a free initial consultation here.
