Contesting a will in the UK Where there's a will there's a way, never more so than when a will is contested by an unhappy relative.
The recent Court of Appeal's Judgment in favour of Mrs Gill, in the landmark ruling of Gill-v-RSPA shows the length to which Charities will defend their entitlement.
Whilst the Gill case maybe seen as an extreme example, the number of will disputes is increasing as the recession places extra financial burdens upon families, so if you are unhappy with a will how can it be challenged? Typically, will disputes tend to follow into one of the following areas:- Undue influence and fraud wills.
These types of disputes arise when the testator ( the term given to the person making the will ) is often pressurised to make or alter their will, while fraud in wills can arise when signatures are altered or wills even destroyed.
Incorrectly executed wills.
All Will's must comply with the Wills Act, which provides that the will must be in signed, dated and witnessed by two independent witnesses, ( neither of whom can be a beneficiary ) at the same time as the person making the will.
If any of these rules are not complied with the will is invalid and fails.
Lack of capacity of the person making the will.
The person making the will must have understood the nature of actually making the will, the extent of the property which he or she was disposing and the claims to which he ought to give effect to.
These principals where established in a very old case called Banks and Goodfellow.
Will disputes are common when the testator may have been suffering from Alzheimer's disease or other forms of dementia.
Claims for financial maintenance.
These types of claims can be brought against the estate if it can be proven that the person making the claim was in someway financially dependent upon the deceased before he or she died.
Other common will disputes arise when the Executor has acted unreasonably, or when the Deceased has made very clear promises of an inheritance, only to then disinherit or cut someone close to them out of their will.
Time is often of the essence in contested probate, as assets can be disposed by unscrupulous Executor's and therefore immediate legal help should be sought.
In addition the time limits are very strict, for example with a claim for maintenance, the Inheritance Act provides that a claim must be brought within six months from the date of the grant of probate.
If you are unhappy with a will, it is important that you seek immediate legal advice from an expert probate solicitor experienced in contested probate, as certain steps can be made to safeguard the disposal of estate assets.
For example, a caveat maybe issued against the estate.
The issuing of a caveat prevents a grant of probate being issued as is a very useful tool, to allow time for further investigations to be undertaken regarding the will in dispute.