Contesting a will

A valid will can only be made by someone who has the mental capacity to understand the nature and implications of their decisions. This includes:

• Knowing what a will is and what it does.
• Understanding the value of their estate and who should benefit.
• Appreciating the consequences of excluding certain people.

If the deceased was suffering from conditions such as dementia or another cognitive impairment when the will was made, there may be grounds to challenge its validity.

Sometimes, individuals are pressured or manipulated into making decisions that don’t reflect their true wishes. This could involve threats, coercion, or psychological pressure from someone looking to benefit unfairly from the estate. If undue influence is suspected, the will may not stand up to legal scrutiny.

For a will to be legally valid in England and Wales, it must follow strict formalities. These include:

• Being signed by the person making the will (the testator) in the presence of two witnesses.
• The witnesses also signing the document in the presence of the testator.

If these steps weren’t followed correctly, or if the will is forged or altered without authorisation, it may be invalid.

When someone dies without a valid will, their estate is distributed under the intestacy rules. These rules can lead to unexpected or unfair outcomes, such as:

• Excluding cohabiting partners who don’t inherit automatically.
• Distributing the estate to estranged family members instead of close friends or dependants.

If you’ve been adversely affected by the intestacy rules, you may have grounds to challenge the distribution of the estate.

Under the Inheritance (Provision for Family and Dependants) Act 1975, you can make a claim if you believe the will or intestacy rules fail to provide reasonable financial support. This is particularly relevant for:

• Spouses or civil partners left with insufficient inheritance.
• Dependants, such as children or cohabitees, who relied financially on the deceased.

Sometimes, the issue isn’t the will itself but how the estate is being handled. This could involve:

• Excessive delays in administering the estate.
• Personal representatives withholding key information or acting improperly.
• Disagreements about what beneficiaries are entitled to receive.

In these cases, you may be able to hold the executors or administrators accountable and ensure the estate is distributed fairly.

If you believe the will itself is invalid, there are specific legal grounds to investigate:

• Improper execution: The will may not have been signed or witnessed correctly.
• Lack of capacity: The deceased might not have been of sound mind when making the will.
• Fraud or forgery: The will may have been tampered with or falsified.

We can assess the circumstances of the will’s creation and help you challenge its validity where appropriate.

The Inheritance Act 1975 allows certain people to claim if they believe the will or intestacy rules don’t provide reasonable financial support. Common cases include:

• Cohabiting partners excluded from the estate.
• Dependants left with insufficient resources.
• Promises made by the deceased that aren’t reflected in the will.

Our team will review your situation and determine whether a claim can be made to secure the financial provision you deserve.

Disputes don’t always arise from the will itself. You may have concerns about how the estate is being handled, such as:

• Executors failing to distribute assets fairly or promptly.
• A lack of transparency or missing information.
• Mismanagement of the estate by personal representatives.

We’ll work to hold executors accountable and ensure that the estate is administered in line with the law.

When someone dies without a will, the intestacy rules can create unexpected outcomes. For example:

• Cohabiting partners may not inherit anything.
• Estranged family members could receive a share of the estate.

If you’ve been adversely affected by intestacy, we can help you explore your legal options to claim what you’re entitled to.

Family disputes often arise when beneficiaries disagree over the interpretation of the will or the division of assets. Whether it’s an unclear clause or disputes over sentimental items, we can mediate and resolve these issues, saving time and avoiding unnecessary stress.