Inheritance Disputes

Partially. There are occasions where a Will can be disputed. For example, if you think the person who wrote the Will was coerced at the time or writing, or not of sound mind. If you are serious about disputing a Will, we suggest you seek legal advice as soon as possible.

A will can be contested on a number of grounds, if you think the Will is in some way incorrect, for example, if there is evidence of forgery or the Will was signed under pressure, or by someone lacking mental capacity.

Contesting a will is quite a complex matter as there are many rules that govern this matter. It is best for you to contact us so we are able to assist with each individual case however, below is a guide of the following people who are may able to contest a will:

• Family members
• Beneficiary of the Will
• Beneficiaries of previous Wills
• Creditors
• Someone who was promised something
• Reasonable provision

It is important with a will that it accurately reflects the true intentions of the testator. If you suspect the will of a loved one or family member does not reflect their wishes or that is not being executed correctly, there may be a chance that the will is invalid and able to be contested.

1. Lack of testamentary capacity – 

The testator when creating and signing the Will must be of a sound mind to manage and distribute their estate and possessions.

2. Undue influence or coercion –

If there are reasons to believe that the Will has been interfered with or, that the testator had been manipulated when writing their Will. This may be classes as undue influence or coercion. 

3. Lack of knowledge and approval of the Will

The testator must have understood the contents of their Will and approved it.

4. Fraud

If there are reasons to be believe that the Will is forgery or fraudulent then this may be a ground for contesting a Will. 

5. The Will is invalid (Wills Act 1837) 

The Will must comply with section 9 of this act. The testator must sign their Will in the presence of at least two independent formal witnesses, if there is any evidence to suggest the Will has not been executed correctly it could be invalid.

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The Inheritance Act of 1975 also allows dependants (such a children, spouses, former spouses or civil partners) to make a claim on the grounds that no financial provision was left to support their continued well-being.

The relevant clauses in the Act are quoted below.

1 Application for financial provision from deceased’s estate

(1) Where after the commencement of this Act a person dies domiciled in England and Wales and is survived by any of the following persons—

[(a) the spouse or civil partner of the deceased;

(b) a former spouse or former civil partner of the deceased, but not one who has formed a subsequent marriage or civil partnership;]

[(ba) any person (not being a person included in paragraph (a) or (b) above) to whom subsection (1A) [. . .] below applies;]

(c) a child of the deceased;

(d) any person (not being a child of the deceased) [who in relation to any marriage or civil partnership to which the deceased was at any time a party, or otherwise in relation to any family in which the deceased at any time stood in the role of a parent, was treated by the deceased as a child of the family];

(e) any person (not being a person included in the foregoing paragraphs of this subsection) who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased;

that person may apply to the court for an order under section 2 of this Act on the ground that the disposition of the deceased’s estate effected by his will or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable financial provision for the applicant.

You can follow the steps below to resolve the situation, before asking a solicitor like us to be involved.

• Formally ask the executor to complete the probate process, warning them of your intention to escalate the matter if they don’t carry out your late person’s intended wishes.
• If they agree, a solicitor can help in negotiating a settlement of the estate.
• If the executor doesn’t respond, a solicitor can write to them outlining the responsibilities they have as an executor and what legal steps will be taken against her for not completing the process. They will be given a deadline to respond.
• If there is no positive response, a solicitor will initiate the process of escalating the matter legally.

The Executor’s role is to ensure that the deceased person’s estate is divided up in accordance with their wishes outlined in their will. If you are a beneficiary or a co-executor, and believe that the executor is not administrating the estate properly, then you can apply to the Court to have them removed.

If the testator (a person who has made a will) made a promise to you or gave you an assurance during their lifetime that you would receive the estate, or some part of it, and you didn’t then you have a claim for proprietary estoppel.

You have to have suffered some detriment or disadvantage as a result of being neglected. If you did not receive what you were promised in the final will, you may have a claim.

You will need to have strong proof of the promise or the assurance for the claim.

Most contentious wills, trust and probate disputes are settled outside of the court, and this will be our aim so we can keep the costs as low as possible.

The use of alternative dispute resolution  (ADR) such as mediation or negotiation between the parties is fairly common and something we will pursue as the first step to resolve the inheritance issue.

If ADR doesn’t settle your case and you have to go to the courts, we will provide you excellent support throughour the process.

Court proceedings are expensive but we will work with you and inform you of ways we can keep the costs down.

We often advise clients on the various funding options available to them, and we also consider whether we can assist you on a “no win, no fee” basis. However, we will assess your case before confirming this.