If you’re considering contesting a will, you’re probably feeling a mix of uncertainty and urgency. You might be wondering if you have the right to start the will contest process, what kind of proof you need, and how the probate court views these disputes. Many family members and interested parties have the same questions when they think the deceased person’s wishes weren’t followed. In such situations, contested wills often give rise to legal disputes, especially when there are concerns about the validity of the will or the circumstances under which it was made.
At Grant Saw Solicitors, we guide you through the legal process of contesting a will with ease. Whether you are the person contesting the will or involved in will disputes, here’s a practical breakdown of the evidence you should gather to support your claim and what the probate court expects during will contests.
The Will and Previous Wills
Get the current will and any previous wills the deceased person signed. Comparing these documents will show unexpected changes or discrepancies in asset distribution. Such changes can significantly affect the intended beneficiaries and may alter how the entire estate is distributed. If you find multiple wills or a sudden change in the deceased’s wishes, highlight these differences; they often become the legal grounds for a contest.
Medical Records and Testamentary Capacity
The most common grounds for contesting a will are doubts about the testator’s lack of testamentary capacity or sound mind when the will was made. Probate law recognises the importance of testamentary capacity, the ability to understand the nature and consequences of making a will. Get medical records from doctors or hospitals around the time the will was signed. These will provide enough evidence of mental incapacity if the person was ill, confused, or suffering from dementia. A frequent reason for challenging a will is the allegation that the deceased lacked mental capacity at the time the will was executed.
Evidence of Undue Influence or Fraud
Undue influence happens when someone pressures or manipulates the deceased person into changing their will. To prove actual undue influence, the law requires clear and convincing evidence that the testator was coerced or improperly influenced, rather than acting of their own free will. Look for emails, letters, texts, or financial documents that show unusual involvement by another person before or during the will’s preparation. Sometimes, interested parties notice a new beneficiary or a big change in estate assets, which could be undue influence or even fraud. To pursue such a claim, it is crucial to gather substantial evidence to meet the legal standard required by the courts.
Witness Statements and Legal Formalities
Valid Wills must follow strict legal formalities. These legal requirements are set out by law, such as the Wills Act 1837, and failure to comply can render a will invalid. For example, there must be proper witness signatures and evidence that the will was signed voluntarily.
Statements from people present at the signing, such as family members, carers, a will writer, or other interested parties, will help clarify the circumstances. If you think the will was not properly executed, these statements will support your case in the state probate court.
Professional Opinions and Solicitor’s Files
Solicitors, doctors, or estate planning lawyers who met the deceased during the estate planning process may have notes or records. Reviewing these files can also reveal instances of professional negligence, such as errors or breaches in the drafting or execution of the will, which may affect its validity. Your legal team can request files from the law firm that prepared the will. These will often show the testator’s wishes, mental state, and whether the will reflects their true intentions. This kind of professional input can be useful evidence in the will contest process.
Proof of Financial Interest
To challenge a will, you need legal standing, a clear financial interest in the deceased’s estate. Get payslips, bank statements, or documents showing financial dependence on the deceased. This is especially important for family members left out of the will, as the probate court wants to see why you (or other interested parties) should benefit from the estate. A family member may be able to make an inheritance act claim if there is an insufficient inheritance provision for the family under the will.
Family, Relationship, and Lifestyle Evidence
The court looks at relationships and the context of the deceased’s assets. Old photos, correspondence, and social media posts can show the deceased’s wishes or support claims that a valid will should reflect the actual family structure. If someone was left out or a new beneficiary appeared, this background is worth sharing with your probate lawyer.
The Family and Dependants Act provides a legal basis for family members or dependents to claim if they believe they were not adequately provided for in the will.
Estate Disputes and Dispute Resolution
Estate disputes can arise for many reasons, from concerns about the validity of a will to disagreements over how assets are distributed or how executors manage the deceased’s estate. These disputes often involve complex family dynamics and significant financial interests, making it essential to approach them with care and a clear understanding of your legal position.
Resolving inheritance disputes requires a thorough grasp of the legal grounds for contesting a will. Common grounds include lack of testamentary capacity, undue influence, and suspicious circumstances surrounding the creation of the will. For a will to be valid, it must be properly signed, witnessed, and reflect the true wishes of the person making it. If there are doubts about whether the deceased had sufficient mental capacity or was subject to undue influence, these issues can form the basis of a legal challenge.
Given the emotional and financial stakes, it is crucial to seek legal advice from a specialist solicitor or a full-service law firm with experience in contentious probate and estate disputes. Expert legal advice can help you understand your rights, the strength of your claim, and the best approach to resolving inheritance disputes. In many cases, alternative dispute resolution methods such as mediation can help parties reach a fair agreement without the need for costly and time-consuming court proceedings.
The Inheritance Act provides a legal framework for those who believe they have not received a reasonable financial provision from the deceased’s estate. Eligible claimants, such as spouses, civil partners, and financially dependent individuals, can request legal advice to assess their entitlement and the circumstances surrounding the will. The legal process involves careful consideration of the deceased’s wishes, the needs of the claimant, and the overall fairness of the estate distribution.
Time limits are a critical factor in estate disputes. For example, claims under the Inheritance Act must usually be made within six months of the grant of probate. Missing these deadlines can jeopardise your ability to make a successful claim. Legal costs are another important consideration; court fees, legal fees, and other expenses can add up quickly. Funding options such as conditional fee agreements and legal expenses insurance may be available, but it’s important to understand that the losing party may be ordered to pay the winning party’s costs.
Working with experienced trust and estate practitioners ensures you have the support needed to navigate the legal process, assess the merits of your case, and represent your interests in court if necessary. By seeking expert legal advice early, you can protect your rights, manage the costs involved, and increase your chances of achieving a fair outcome in any estate dispute.
In summary, estate disputes and dispute resolution require a strategic approach and a solid understanding of the legal process. Whether you are seeking reasonable financial provision or challenging the validity of a will, a specialist solicitor can provide the guidance and support you need to resolve inheritance disputes effectively and secure your rightful share of the estate.
The Legal Process and Costs
The probate process can be daunting, especially when disputes lead to legal proceedings. Attorney fees, court costs, and other legal costs will arise, and some cases can cost tens of thousands of pounds. Sometimes, solicitors will take cases on a contingency fee basis depending on your claim and evidence. This is often structured as a conditional fee agreement (CFA), also known as a no win no fee arrangement, where you only pay fees if your claim is successful, and the agreement may include a success fee or reduced hourly rates. However, if your case is unsuccessful, you may be ordered to pay the winning party’s costs, which can significantly increase your financial risk. The probate registry plays a crucial role in the process, as it is responsible for issuing grants of probate and can halt or initiate probate proceedings, for example, by entering a caveat to prevent the estate from being distributed. If negotiation or alternative dispute resolution does not resolve the dispute, it may be necessary to issue court proceedings as a last resort. For complex will disputes, working with probate specialists can provide valuable expertise and improve your chances of a successful outcome. It’s worth asking your probate lawyer about the potential cost to contest and possible settlement agreements.
Act Fast: Protect Your Rights
If you think you have grounds to contest a will, act fast. Interested parties have a strict time limit to start the will contest process. Start gathering evidence early, keep records organised, and contact a solicitor who specialises in probate law.
At Grant Saw Solicitors, our Contested Trust and Probate Disputes team has extensive experience in contesting wills, helping interested parties and family members navigate the complexities of will contests and the probate process. We’ll guide you through every step from reviewing the legal documents to presenting your case in the probate court.
Final Thoughts
Contesting a will is a serious and sometimes lengthy process, but the right approach and evidence give you the best chance of success. Don’t hesitate to seek expert guidance and support. You don’t have to face the legal proceedings alone; your legal team can make all the difference.
Ready to discuss your case? Visit Grant Saw Solicitors for expert advice on contesting a will and securing your legal rights.