It is established law that we are all at liberty to leave our Estate to any people or causes we please. Even if the terms of our Will disappoint our loved ones or come as a surprise to them, these are not valid reasons to contest a Will UK.
However, the law recognises that there are some instances in which a person’s reasons to contest a Will UK are valid. If you believe you may have cause to challenge a Will and need advice on your legal position, our Wills and Probate solicitors are here to assist. With a proven track record of successfully contesting Wills on behalf of our clients, we offer exceptional legal support and outstanding levels of service at highly competitive rates.
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What Are Valid Reasons To Contest A Will UK?
The reasons to contest a Will UK are as follows:
• Questions Relating To The Will’s Validity.
To be valid, a Will must satisfy several important formal requirements. If you suspect a Will does not meet these requirements, you may have cause to contest it.
The grounds upon which a Will may be challenged on the grounds of invalidity are:
- The Will is a forgery.
- The person who made the Will (known as the ‘testator’) lacked the requisite mental capacity at the time of making the Will. This is known as lacking ‘testamentary capacity’.
- The testator made their Will under undue influence from someone else. This means that someone pressured the testator into including certain terms within their Will.
- The Will was not signed and witnessed in accordance with the legal requirements. This is known as ‘lack of due execution’. The relevant requirements are that the testator signs the Will in the presence of two witnesses, each of whom must then sign the Will themselves.
The Court will consider all the circumstances of a case when deciding whether there are valid reasons for contesting the Will on the basis that it is invalid. For example, in cases involving undue influence, the Court may consider factors such as:
- Whether the testator had been reliant on someone for their care, as a result of which they may have felt obliged to comply with that person’s demands regarding the terms of their Will.
- Whether the testator was isolated from their friends and family.
- Whether the testator made sudden, inexplicable changes to their Will.
- Whether there is evidence of actual undue influence, such as threats.
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• The Will Does Not Accord With A Promise Made To You By The Deceased During Their Lifetime.
Just because the terms of a person’s Will do not accord with a promise they made to you during their lifetime, you do not automatically have grounds to contest their Will. However, and crucially, if you relied on that promise to your detriment such that it would be unfair to allow the Will to stand, you may be eligible to bring a claim based on a legal concept known as ‘proprietary estoppel’.
Most proprietary estoppel claims are brought in connection with agricultural land. Say, for example, someone worked on land for little remuneration or instead of pursuing an alternative career because the landowner had assured them that they would inherit it on the landowner’s death. If, when the terms of the landowner’s Will are revealed, it transpires that the land was left entirely to someone else, the person to whom the promise had been made may have cause to bring a proprietary estoppel claim.
• You Were Financially Dependent On The Testator, And The Terms Of The Will Leave You In Financial Difficulty.
The Inheritance (Provision for Family and Dependents Act) 1975 allows specific individuals to contest a Will on the grounds that it fails to make ‘reasonable financial provision’ for them. Those individuals are:
- The testator’s spouse or civil partner.
- The testator’s former spouse or civil partner, provided they have not remarried or formed a civil partnership with a new partner.
- The testator’s children.
- The testator’s adopted children and anybody who was treated as a child of the testator’s family.
- Anyone who was financially dependent on the testator, such as their partner.
For anyone falling into a category other than the spouse or civil partner of the testator, ‘reasonable financial provision’ broadly means provision required to cover your everyday expenses. If you were capable of meeting those expenses without the testator’s support during their lifetime, you will not need maintenance from their Estate.
Spouses or civil partners can make an Inheritance Act claim if the Will does not allow them to maintain their lifestyle. As a general guide, the Court will consider what the spouse or civil partner would likely have received in a financial settlement had their relationship ended in divorce or dissolution.
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