Losing a loved one is always difficult, and emotions can run high when it comes to dividing their estate. If you believe a will doesn’t reflect the true wishes of the deceased, or that something is amiss, you may be considering contesting it. Contesting a will is not a simple process and should not be undertaken lightly. However, with the right knowledge and preparation, it is possible to challenge a will in court.

In this step-by-step guide, we’ll walk you through the process of contesting a will, the legal grounds for doing so, and what to expect along the way.

What Does It Mean to Contest a Will?

Contesting a will means challenging its validity in court. This can occur if you believe the will does not accurately represent the wishes of the deceased or if you suspect some form of wrongdoing, such as fraud or undue influence.

To contest a will successfully, you need solid legal grounds, evidence, and an understanding of the legal process.

Step 1: Establish Grounds for Contesting the Will

The first step in contesting a will is understanding whether you have legitimate grounds to do so. Here are the main reasons why a will can be challenged:

• Lack of Capacity: The person who made the will (the testator) must have had the mental capacity to understand what they were doing. If you believe they were suffering from dementia, Alzheimer’s, or any other condition that impaired their ability to make clear decisions, you may have grounds to challenge the will.
• Undue Influence: If you believe someone pressured or manipulated the testator into making decisions they wouldn’t have otherwise made, you could contest the will based on undue influence. This often happens when a vulnerable person is coerced by a caregiver, family member, or other trusted individual.
• Fraud or Forgery: If the will was created under fraudulent circumstances, or if the testator’s signature was forged, the will can be contested on these grounds.
• Failure to Meet Legal Requirements: Wills must meet specific legal standards to be valid. If the will was not signed correctly, or if it lacked appropriate witnesses, it may not be legally binding.
• Revocation of the Will: A will can be revoked if it was replaced by a more recent will. If there’s evidence that the testator created a new will but it was never acted upon, the existing will could be challenged.

Step 2: Ensure You Have Legal Standing

Not just anyone can contest a will. You must have “legal standing,” meaning you need to be someone who has a financial interest in the estate. Typically, this includes:

• Beneficiaries: Those named in the will who believe they’ve been unfairly treated.
• Heirs-at-law: Close family members, such as children, spouses, or siblings, who would have inherited if no will existed.
• Creditors: In some cases, creditors can contest a will if they believe their debts will not be satisfied.

If you don’t have a financial interest in the estate, your challenge is unlikely to be heard.

Step 3: Act Quickly — Know the Time Limits

Time is of the essence when contesting a will. In the UK, the general time limit to contest a will is six months from the date probate is granted.

• Probate is the legal process by which the will is proved valid and the executor is granted the authority to distribute the estate.
• In some cases, such as claims for fraud, the time limit may extend beyond six months, but it’s essential to act as soon as possible. The earlier you begin, the better your chances of success.

Step 4: Gather Evidence

To successfully contest a will, you’ll need to gather strong evidence to support your case. The type of evidence you’ll need depends on the grounds for contesting the will. Here are some examples:

• Medical records: If you’re claiming the testator lacked mental capacity, you may need medical records showing a diagnosis of a cognitive condition at the time the will was made.
• Witness statements: Statements from people who were close to the testator, such as friends, family, or healthcare professionals, can support claims of undue influence or fraud.
• Documents: Any paperwork showing irregularities in the will’s creation, such as lack of signatures, missing witnesses, or previous versions of the will, can help your case.

Step 5: Seek Legal Advice

Challenging a will is a complex legal process, and expert advice is essential. Working with a solicitor who specialises in contested wills and probate law is highly recommended. They can help you assess whether you have a strong case, guide you through the legal process, and represent your interests in court.

Your solicitor will help you:

• Review the will and the circumstances surrounding its creation.
• Help gather evidence.
• Advise on your chances of success and potential outcomes.
• File the necessary legal documents to begin the case.

Step 6: Consider Mediation

In many cases, the dispute over a will can be resolved without going to court. Mediation is a form of alternative dispute resolution where a neutral third party helps both sides come to an agreement.

Mediation can be quicker and less costly than going to court, and it may result in a compromise that satisfies all parties. However, if mediation fails, or if both parties are unwilling to compromise, the case may proceed to court.

Step 7: Prepare for Court (If Necessary)

If mediation is unsuccessful, your case may go to court. Contested will cases are usually heard in the Family Division of the High Court. Your solicitor will help you prepare for the legal proceedings by ensuring all necessary documentation and evidence is in order.

The court will review the evidence, listen to witness testimonies, and examine the validity of the will. If the court finds in your favour, the will may be declared invalid, or specific provisions of the will may be changed. In some cases, the court may revert to a previous version of the will or distribute the estate according to intestacy laws if no valid will exists.

Final Thoughts

Contesting a will can be an emotionally and financially challenging process, but it’s a crucial step if you believe the will does not accurately reflect your loved one’s wishes or if wrongdoing occurred. By following this step-by-step guide, you’ll be better prepared to navigate the legal process and ensure your case is heard.

If you’re considering contesting a will, time is of the essence. Seek legal advice as soon as possible to ensure your rights are protected and that you have the best chance of success.

Contesting a will is about ensuring fairness—make sure your voice is heard.

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