Are You Thinking of Challenging a Will?

Being excluded from a Will can be deeply embarrassing and hurtful, often feeling like a personal rejection. Some people react angrily and immediately challenge the Will, whereas others, whilst hurt, might feel embarrassed to voice their feelings and take action. Challenging a Will is emotionally taxing and can strain family relationships. It can involve confronting feelings of betrayal, managing family conflicts, and dealing with public scrutiny. Given the circumstances, it is important that you are equipped with the knowledge to help you undertake this process.

 Contesting a Will can help ensure that the deceased's true intentions are honoured and that all dependants receive fair treatment. This can be particularly important in cases where there are doubts about the Will's validity or fairness. Recent legal trends show that courts are more open to considering contested Will claims than they were a decade ago. This shift can provide a stronger basis for challenging a Will and achieving a favourable outcome

Contesting a Will in the UK can take months or even years, so it's important to act quickly and decisively, especially for claims under the Inheritance Act 1975, which must be made within six months of the grant of probate. Delaying can lead to missed opportunities and potential regret in the future.

What are the grounds for contesting a Will?

1. Undue Influence: If you can demonstrate that the testator (person who made the Will) was coerced, intimidated, deceived, or manipulated by another party to influence the content of the Will to that party's advantage, this could be grounds for contesting the Will.
2. Lack of Testamentary Capacity: If the testator did not know what they were doing at the time they made the Will (i.e., they were not of sound mind), this could invalidate the Will.
3. Forgery or Improper Execution: A Will can be contested if it was forged or not properly executed, meaning it was not signed and witnessed correctly.
4. Lack of Financial Provision: If you were financially dependent on the deceased but were not provided for in the Will, you might be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
5. Fraudulent Calumny: If someone poisoned the mind of the testator against you to deprive you of an inheritance, this could be grounds for contesting the Will.
6. Proprietary Estoppel: If you were promised an inheritance by the testator during their lifetime but the Will does not reflect this, you may use a legal challenge called proprietary estoppel.

Factors to consider in challenging a Will

Once you have established that one of the above grounds applies:

1 Gather your supporting evidence:  Gather as much proof as you can to support your claim. In cases where undue influence or testamentary capacity is in question you will need strong evidence such as detailed records, medical records and witness statements.

2.Take specialist advice: You have a greater chance of a successful challenge if you seek advice from a solicitor who is trained in and has experience of contesting Wills.  They will be able to assess your chances of success and in some cases, may prevent you from spending large amounts of legal fees when you have little chance of success. They will also be able to advise on alternatives to litigation.

3. Consider the emotional impact:  When grieving the loss of a loved one, the process may put strain on family relationships and can be financially demanding.

These are all things to consider when deciding whether or not to begin the legal process. A good solicitor will talk you through the implications and listen to your concerns. A specialist solicitor can take charge of the legal process and alleviate as much of the pressure as possible.

Professional Support from Pickerings Solicitors: Pickerings Solicitors offer specialised services to guide individuals through the process of contesting a Will. The team, led by specialist solicitor Kax Chana, provides strategic advice and support, helping clients navigate the legal complexities and emotional challenges involved.

In conclusion, contesting a Will in the UK in 2025 can be a worthwhile endeavour if there are valid grounds for doing so. Whether it's due to concerns about the Will's validity, lack of reasonable financial provision, or unfair exclusion, the process can help achieve fairness and honour the deceased's true intentions. With the support of experienced solicitors at Pickerings, individuals can navigate this challenging process and potentially secure a more equitable outcome.

Contact Kax Chana on 01827 317070 to find out more and to let us know about your personal situation and how we can help.