Last Updated on 28th April 2025
Our inheritance dispute team looks at how to overturn a Will. If you require further guidance then give us a call on 0333 888 0407 for a free consultation, or email us at [email protected]
The purpose of a Will is to specify how someone’s assets are to be distributed after they pass away. However, in some instances, beneficiaries or family members may feel that a Will does not accurately reflect their loved-one’s true intentions. In such cases, it may be necessary to challenge or ‘overturn’ their Will after they have passed away. While overturning a Will is a complex and often emotional process, our specialist solicitors are here to help you navigate the process.
Legal Grounds for Overturning a Will
To overturn a Will, you will need to have legitimate legal grounds to do so. The courts will not set aside Will simply on the basis that someone doesn’t like the way the deceased has distributed their assets.
There are a number of legal grounds that can be relied upon when contesting a Will. The most common grounds include:
- Lack of Testamentary Capacity:
Testamentary capacity refers to the legal and mental capability of the person making the Will (known as the testator). To have capacity, the testator must:
- Understand that they are making a Will.
- Understand the purpose of the Will is to distribute their assets after they die.
- Understand their estate and what assets are in their possession.
- Understand the beneficiaries under the Will and those who may have a claim against their estate.
If it can be proved that the testator lacked the requisite mental capacity when the Will was made, the Will can be challenged and set aside.
- Undue Influence:
Undue influence occurs when the testator is coerced or manipulated by someone else into making decisions about their estate that they would not have made otherwise. This usually involves someone close to the testator, such as a caregiver, friend, or family member, exerting pressure to leave all or part of their estate to them. To prove undue influence, it must be shown that the influencer overpowered the testator’s free will, essentially dictating the terms of the Will for their own benefit.
- Fraud or Forgery:
A Will can be overturned if it was created under fraudulent circumstances. This includes cases where someone has deliberately misled the testator about critical information in order to influence the terms of the Will. Telling the testator that a beneficiary had passed away when they had not, could, for instance, constitute fraud. Similarly, if the signature on the Will is forged, or if the document was tampered with after it was signed, it can be declared invalid.
- Failure to Comply with Legal Formalities:
Under section 9 of the Wills Act 1837, a Will must meet specific formal requirements to be legally valid, namely:
- The testator must intend to create a Will;
- It must be in writing; and
- It must be signed by the testator and witnessed by at least two individuals who were present when the testator signed the Will.
If any of these formalities are not adhered to, the Will may be considered invalid. For instance, if a Will was signed by only one witness, it is likely to be overturned.
- Lack of Knowledge and Approval:
The courts must be satisfied that the testator knew the contents of their Will when they signed it and were therefore able to approve the document. This ground can be particularly difficult as where a Will is correctly executed, the presumption is that the testator had requisite knowledge and approval.
How We Can Help With Overturning a Will
It is important to act quickly and consult a solicitor who specialises in Will dispute for expert guidance on taking legal action.
We offer a free consultation service and will review your case free of charge; advising you on:
- legal grounds for overturning a Will;
- Contacting the executor;
- Issuing a caveat to prevent probate being granted;
- Gathering evidence; and
- Negotiating a settlement.
So, to find out more about how to overturn a Will and details of our No Win, No Fee funding scheme, contact our free legal helpline. Call 0333 888 0407 or email [email protected]