Inheritance dispute solicitor Jack Dray looks at how to overturn a Will. If you require further guidance then give Jack a call on 0333 888 0407, 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’ the Will. 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, it’s essential to have legitimate legal grounds. The courts will not set aside Will simply on the basis that someone is unhappy with the way the deceased has distributed their assets. The most common grounds for contesting a Will 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 assts 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 capacity when the Will was made, the Will can be challenged.
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
- 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.