The number of inheritance disputes in England is on the rise with reports suggesting that as many as 10,000 people in England and Wales are disputing Wills every year.
Several factors are believed to have contributed to this surge. People living longer with more time for family dynamics and relationships to change yet Wills not being updated and there being more generational wealth could be two reasons for the increase in contentious probate cases.
Do-It-Yourself Wills, usually made by using a generic template online have also opened the door to more challenges. Homemade Wills are often invalid, containing conflicting instructions or lacking the protection of a solicitor-drafted Will.
Getting a specialist solicitor to help draft your Will is the best way to prevent someone contesting your Will. An experienced solicitor will ensure your Will is drafted correctly and dated signed and witnessed in accordance with the correct procedures.
At Beverley Morris & Co., we understand that making a Will can be daunting. However, our professional Wills solicitors in Blackheath will guide you through the process, providing clear and sensible advice to ensure your estate passes to the people you wish to inherit.
Our experienced Wills solicitors can also advise on disputes about Wills, Trusts and estates. They represent both clients seeking to bring a claim and those wishing to defend one.
For legal advice on Wills and contentious probate matters, speak to Beverley Morris & Co. Solicitors. You can call us on 020 8852 4433 or email privateclient@beverleymorris.co.uk.
Here, our specialist Wills disputes solicitors answer some frequently asked questions about contesting a Will.
What are the grounds for contesting a Will?
A Will can be contested on two main legal grounds.
- Because it is invalid.
A Will could be deemed invalid for various reasons. These include:
- There was a failure to comply with formalities, for example, if the Will was not signed in the presence of two witnesses or if both witnesses were not present at the time the Will was signed.
- If you believe the individual who died did not have sufficient mental capacity at the time the Will was drawn up. This could mean they did not fully understand how their estate would be divided and who would benefit after their death.
- The person who died did not have sufficient knowledge or provide sufficient approval. This could be because they were blind or illiterate.
- Any undue influence, for example, if the individual writing the Will (the testator) was pressurised throughout the process. A testator must make all decisions about the outcome of their estate on their own.
- If the entire Will or the signature of the testator is fraudulent or has been forged, the Will is invalid.
- By making a claim under the Inheritance (Provision for Family and Dependents) Act 1975(the Inheritance Act).
People who were financially maintained by an individual at the time of their death may have the right to challenge the Will if it did not make adequate provision for them even if the Will was valid.
Inheritance Act claims can only be brought by:
- The spouse or civil partner of the deceased.
- A former spouse or civil partner of the deceased provided they have not remarried or entered into another civil partnership.
- A child of the deceased.
- Any person who is treated as being a child of the deceased.
- Any person financially dependent on the deceased.
Who can contest a Will?
Anyone can contest a Will if they have a valid legal claim. Most claims are brought by people who have an interest in the deceased’s estate such as surviving family members or financial dependants.
How do you contest a Will?
Contesting a Will can be a stressful and complicated process. It is advisable to seek legal advice from a solicitor specialising in Wills disputes as early as possible to maximise your chances of success.
An experienced contentious probate solicitor will advise on the merits of your claim and the best way to proceed.
How long do you have to contest a Will in the UK?
Different types of Wills disputes have different time constraints and how long you have to bring a claim depends on the reason for the challenge.
It is easier to contest a Will before probate has been granted as this increases the chances of your claim being heard.
Inheritance Act claims must usually be made no later than six months after probate is granted.
Wills Solicitors Blackheath
At Beverley Morris & Co. Solicitors, we can support you through the process of contesting a Will, carefully and competently.
Our professional team work on a variety of issues when you contest a Will, including:
- Challenging a Will.
- Inheritance Act claims.
- Trusts disputes.
- Executor disputes.
- Beneficiary disputes.
- Proprietary estoppel and constructive trust claims.
Our Blackheath-based team of experienced Wills solicitors have extensive experience in Wills, Trusts and Inheritance disputes and regularly deal with a wide variety of issues. We act for beneficiaries, individuals, executors and trustees.
Please get in touch with our professional and compassionate team, led by Lori Harley and Tina Chan, today by calling 020 8852 4433, emailing privateclient@beverleymorris.co.uk or filling in this contact form.
For more information about our probate and estate administration services, please click here.