There has been an increase in inheritance disputes in recent years. A report from February 2024 estimates that 10,000 people in England and Wales are now disputing Wills every year, with various factors responsible for the rise.
An ageing population, more mental capacity issues, and an increase in homemade and DIY Wills have all contributed to the surge in contentious probate cases.
Rising property prices and generational wealth concentrated in the hands of influential societal demographic ‘Baby Boomers’ has also had an impact, with estimates suggesting that around £5.5 trillion worth of assets will transfer to the later generations between now and 2050 in the UK alone.
Higher stakes mean more people are prepared to challenge a Will if they feel they have missed out or been hard done by.
In this blog, our experienced Contentious Probate solicitors consider how to contest a Will in the UK.
What are the grounds for contesting a Will in the UK?
There are two main grounds for contesting a Will in the UK: if it is invalid or fails to make reasonable financial provision for a family member or other person who was taken care of financially by the deceased before their death.
- Invalid Will.
A Will could be invalid for the following reasons:
- It is incorrectly drafted and executed. Wills must be made in writing, be properly signed and witnessed, and made in accordance with other requirements set out under section 9 of the Wills Act 1837.
- The testator lacks testamentary capacity. When you make a Will, you must be of ‘sound mind’, know what your estate comprises and understand the consequences ofhow it will be divided.
- Lack of knowledge and approval. For a Will to be valid, the person making it must have understood and approved the contents.
- Undue influence. If someone coerces a testator to make a Will they did not wish to make, it is invalid.
- Forged or fraudulent. A Will can be found to be invalid if any part of it is found to be forged or fraudulent.
A Will that is found to be invalid could be contested.
- Inheritance Act Claims.
A Will can also be challenged in the UK if it fails to make reasonable financial provision for certain people. This is done by bringing a claim under the Inheritance (Provision for Family and Dependents) Act 1975.
If a Will is valid, but you feel like you have been left out, treated unfairly or not adequately provided for, you may be able to contest it under the Inheritance Act.
Who can contest a Will in the UK?
Legally, anyone can challenge a Will if they believe it is invalid. However, it is usually someone with a beneficial interest in the deceased’s estate (such as a spouse, child, cohabiting partner or person expressly mentioned in the Will) who brings a claim.
Claims brought under the Inheritance Act can usually only be brought by:
- The spouse or civil partner of the deceased.
- The former spouse or civil partner of the deceased (if that person has not remarried or entered into a subsequent civil partnership).
- A person who was cohabiting with the deceased as if they were a spouse or civil partner for the two years before the death.
- A child of the deceased.
- A person who was treated as a child of the family by the deceased.
- Any other person who was being maintained, wholly or partly, by the deceased immediately before their death.
How do you contest a Will in the UK?
Contesting a Will can be a lengthy, complicated and contentious process, and starting proceedings provides no guarantee you will get what you want.
If you are considering contesting a Will, you should seek specialist legal advice from a Wills solicitor with experience in contentious probate matters at the earliest opportunity.
A solicitor specialising in Wills can advise on the merits of your claim and recommend the best way to proceed.
How long do you have to contest a Will in the UK?
Different time limits exist for Wills disputes and how long you have to bring a claim depends on the reason you are challenging it.
If you are contesting a Will because it is invalid, there is no time limit. However, it is important to act quickly as it is more difficult to bring a claim if probate has been granted and the estate assets have been distributed.
If you are contesting a Will under the Inheritance Act for reasonable financial provision, you have six months from the date of the grant of probate to issue your claim at court.
Wills Disputes Solicitors Near Me
At Bowsers Solicitors, our team of contentious probate solicitors has considerable expertise in resolving conflicts relating to Wills, trusts and estates.
We represent a diverse range of clients, including beneficiaries, families and individuals. In addition, we can assist in defending against challenges to a Will or the distribution of assets.
Our professional Wills solicitors recognise that conflicts arising from a Will can exacerbate your grief.
By obtaining early legal advice from our compassionate and knowledgeable team, you can help ensure that your loved one’s Will is executed according to their wishes.
If you are looking for contentious probate advice, please contact our experienced lawyers and chartered legal executives today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk.
Alternatively, you can fill in our contact form.
