Contesting a WIll
Contesting a will is a legal process through which individuals challenge the validity or fairness of a deceased person’s will. Common grounds for disputes include undue influence, lack of testamentary capacity, or improper execution. These cases often arise during emotionally charged times, adding further strain to families already dealing with loss. Inheritance disputes can involve significant financial stakes, particularly in high-value estates, making expert legal guidance essential.
Our team specialises in resolving contested wills with professionalism and empathy. Whether addressing disputes over unfair exclusion or allegations of fraud, we provide tailored advice to help clients navigate these complex and sensitive matters.
Grounds for Contesting a Will
Lack of Testamentary Capacity
A will may be contested on the grounds that the testator (the person who made the will) lacked the mental capacity to understand its implications. Testamentary capacity requires that the testator comprehends the extent of their assets, identifies potential beneficiaries, and understands the consequences of their decisions. If a testator was suffering from conditions such as dementia, severe mental illness, or the effects of medication, their capacity may be questioned.
Evidence is key in proving a lack of testamentary capacity. Medical records, witness statements from those who interacted with the testator, and expert evaluations often play a critical role. These cases require a meticulous examination of evidence to establish whether the testator had the sound mind necessary to create a valid will. Additionally, historical documentation, such as prior wills or statements, may provide insights into the testator’s intentions and mental state at the time of drafting.
Undue Influence or Coercion
Undue influence occurs when a vulnerable testator is pressured or manipulated into making decisions that do not reflect their true intentions. This could involve family members, carers, or others exerting control to alter the distribution of assets in their favour. Examples include isolating the testator, exerting emotional pressure, or fabricating claims about other beneficiaries.
Proving undue influence requires demonstrating that the testator’s free will was compromised. Solicitors handling such cases gather evidence of behaviour patterns, witness testimonies, and correspondence that may indicate coercion. Expert testimony may also be used to illustrate how undue influence could have been applied, especially in cases where the testator was already in a vulnerable state.
Improper Execution
For a will to be valid, it must meet specific legal requirements, such as being signed by the testator in the presence of two independent witnesses. If these formalities are not adhered to, the will may be deemed invalid. Improper execution often arises when informal or DIY wills are created without legal oversight. Mistakes, such as using witnesses who are beneficiaries or failing to follow prescribed signing procedures, can render the will unenforceable. Legal professionals ensure compliance with all execution requirements to avoid such pitfalls.
Fraudulent or Forged Wills
Allegations of fraud or forgery can render a will invalid. Fraud may involve deception to induce the testator to change their will, while forgery involves falsifying the testator’s signature or the document itself. These cases require a thorough investigation, including forensic analysis and witness testimonies, to uncover the truth. Fraudulent will claims often involve complex legal and evidentiary challenges, making expert legal support indispensable in navigating these disputes.