Can wills be contested?

Can wills be contested in England and Wales?

One of the questions we are regularly asked by people who have been disinherited is, “Can wills be contested?” The simple answer is that you can contest a will in England and Wales, and these are the grounds on which you can do so.

Incorrect formalities

First, does the will comply with all the basic formalities of the Wills Act? To be valid, a will must be in writing, and it must be signed by the deceased in the presence of two witnesses, who both signed the will in the deceased’s presence.

Lack of mental capacity

When someone makes a will, they must have the mental capacity to do so. Lawyers call this, Testamentary Capacity. For someone to have capacity they must have understood they were making a will, and that it had the effect of carrying out their wishes upon death. They must also have had an appreciation of the extent of their property, and any claims on their estate which they ought to have given effect to.

Undue Influence

A will can be declared invalid if the deceased had pressure placed upon them when making or changing the terms of their will.

This can be difficult to prove as it requires more than just ‘influence’.

Indications that undue influence has occurred include:

  • Fundamental last minute changes to the will
  • Family members being disinherited in favour of those who were only close to the deceased for a short period of time
  • Use of a DIY prepared without the involvement of a solicitor
  • The deceased ceasing contact with loved ones prior to their death

Another ground for contesting a will that overlaps with undue influence is fraudulent calumny.

Lack of Knowledge and Approval

The deceased must have had ‘knowledge and approval’ of the contents of their will. This ground often goes hand-in-hand with challenges based on lack of mental capacity.

Forgery or Fraud

If a will has been falsified, or the deceased’s signature has been forged, it will not be valid. Proving fraud or forgery can be a challenge and handwriting evidence is not always conclusive.

Inheritance Act claims

Although this is not a ground to have a will declared invalid, someone who has been disinherited may be entitled to challenge a will by making a claim under the Inheritance Act. But if you want to do so, don’t delay. Strict time limits apply.

How we can help with a contested will

If you want further guidance on the question, ‘Can wills be contested?’,  then contact us for a free consultation and details of No Win, No Fee funding.

Can wills be contested?