In the UK, about 3 out of 4 people will experience a last will or inheritance dispute at some point in their life. Disputes with siblings are the most common form of an inheritance dispute.
That said, it’s most likely that somebody will go through a dispute rather than stay out of it. So, everyone needs to know how to contest a last will or testament and if they can do it.
If you believe that there is a reason for a will to be contested, you should go through it because about 60% of those who contest it get some kind of benefit from doing so.
Can Will or Testament Be Contested?
Yes, it can be contested. But, the person trying to contest a will must be a spouse, child, cohabitee, or someone mentioned in the will. Of course, for the will to be contested, it must be on some valid legal grounds.
Here are some grounds for appeal:
- Lack of testamentary capacity. This means the person writing the will, also known as a testator, isn’t in a clear mind. Testator needs to fully understand what he gives to whom, who is included, and who is excluded.
- Lack of due execution. For a last will or testament to be valid, it needs two witnesses at the time of signing. These two witnesses must also sign on the last will or testament. If the last will doesn’t have the witness signings, it can lead to someone contesting a will.
- Undue influence. Someone can contest a will if there is evidence of high standards that someone manipulated the testator into doing something they didn’t want. This is very hard to prove in court, so it must have concrete evidence.
- Fraud. If there is the belief someone forged the last will or testament, it can be contested in court. That can happen if the testator gives a close member of the family the last will to change something, and they use the situation to their advantage and change for their benefit. That, also, can be hard to prove in court.
Grounds for Contesting a Will
When someone is attempting to contest a will, they must have concrete evidence and proof that the will should be nullified. Reasons for this include:
- Improper Execution: A person can contest a will if it doesn’t meet the legal requirements of signatures and witnesses in the state it was executed in.
- Undue Influence: It can be contested if there is evidence of a person manipulating the testator into making changes to the will.
- Lack of Mental Capacity: If someone suffers from dementia or Alzheimer’s and does not understand their signing, that can be used as evidence for contesting a will.
- Fraud or Forgery: If someone has falsified a will or forged the testator’s signature, it can be used as evidence for contesting a will.
Contesting a will requires more than just suspicions; concrete evidence can be presented in court and proven to have taken place. This may include bank statements, medical records, testimony from witnesses, emails or letters, photographs or videos, and other documents.
Depending on the situation, hiring a professional investigator may also be necessary to uncover any evidence that can be used in court.
How to Contest a Will or Testament
So, there is a reason for a contest of a last will or testament. Here are the three most important things when contesting it:
Act Quickly
There is enough time to file a complaint and contest a last will or testament. However, it’s best to do it as soon as you see a reason. Here are some of the already pre-determined time limits for reasons that are common occurrences:
- Claims for reasonable disputing a will: Six months from the issue of the grant.
- Beneficiary disputing a will: 12 years from the date of death.
- Fraud: No time limit.
The last will or testament can be contested after the probate is granted. But it’s recommended that you have concrete evidence before trying to do something like that.
Lodge a Caveat
The caveat is the formal claim you can submit to the Probate Registry Office, but only after a solicitor validates your claim. Every probate is stopped and cannot be completed when a caveat is issued.
That means the deceased’s money cannot be distributed according to their last will without notifying the claimant and resolving the issue. The caveat can last for several months and sometimes even be renewed. That stops the process of distributing according to the testament for quite some time.
Pursue Court Action
For the best of all parties, the dispute stays off the court because of the court and lawyer’s fees. An agreement can surely be made without involving going to court.
Claims to contest a last will or testament are usually separated into two categories:
- Claim against the will’s validity.
- Claim that the will doesn’t make sufficient provisions for the claimant.
All parties need to understand that court costs can pile up in prolonged disputes and that it is for the best the case is settled by mutual agreement outside of court.
Closing Thoughts
When contesting a last will or testament, it is safe to assume that there is a reason for it. Contesting a last will shouldn’t ever be about emotions and feeling left out. If you choose to do it out of emotion, you can have some problems in court.
Remember that relations with your family are sometimes more important than material things, but do not let anyone take advantage of you. It goes both ways.
