In order to contest a Will in the UK, there are specific reasonings that your argument must fall under for your claim to be valid. Recently, Priscilla Presley, the ex-wife of Elvis Presley, filed a legal challenge over the “validity and authenticity” of an amendment made to the Will of her daughter, Lisa Marie, in the US.

It was reported that Priscilla disputed an amendment to the Will of her daughter, Lisa Marie, who died in January 2023, aged 54, since the amendment would see Priscilla replaced as the overseer of her daughter’s estate.

The Court case has been based on there being “many issues surrounding the authenticity and validity” of the amendment to the Will. Find out more about the ongoing Court case here.

Contesting a Will UK vs US

The laws surrounding contesting a Will differ in the US and UK. However, in the UK, the grounds for contesting a Will are as follows:

  • Undue Influence

Where excessive persuasion was used to compel the writer to make drastic changes to their Will or estate plan.

  • Lack of Capacity

Where the person making the Will did not have sufficient mental capacity at the time of writing the Will.

  • Fraud or Forgery

Where the Will was subject to deceit or fraudulent activity, including signature forgery.

  • Lack of Due Execution

Where the Will was signed without the proper legal requirements being in affect.

  • Inadequate provision

If a person was financially dependent on the deceased when they died, and the Will does not make ‘adequate provision’ for them.

Is it difficult to contest a Will?

In most cases, it is difficult to prove misconduct or issues in the drafting and implementation of a Will. However, if you believe you have a case, you should seek the advice of a trusted solicitor who can provide the appropriate guidance and assist you in identifying whether or not you have a case that is likely to succeed.

For Priscilla, it will be interesting to see how her case pans out, as there will be conflicting opinions with any case of this nature.

Why dispute a Will?

Executors or beneficiaries might dispute a Will for a variety of reasons, including:

  • Asset value
  • Trusts
  • Interpretation

To avoid disputes arising regarding these circumstances, it is essential to take the advice of a trusted solicitor who can assist you in drafting, signing or amending your Will.

Solicitor for Contesting a Will

At Beverley Morris & Co., based in Blackheath Village, South East London, our Will writing solicitors can assist you in writing, signing or amending a comprehensive and conclusive Will. We will take the time to get to know you and your circumstances to ensure that, no matter what your situation, the chances of a dispute arising in relation to your Will are reduced.

To speak to one of our friendly and compassionate solicitors today, please call 020 8852 4433 or email enquiries@beverleymorris.co.uk.