It is possible to challenge the validity of a will. If it can be shown that one of the grounds for challenge exists, the court could make an order altering the terms of a will.
The most common grounds for challenging a disputed will are:
- lack of capacity - the testator (the person making the will) lacked the mental capacity to understand what they were doing when they made the will (often described as "not of sound mind and understanding")
- where there is want of knowledge and approval – the testator did not understand the effect of what they were doing
- where there has been undue influence/coercion - the will was made under undue influence or some type of compulsion
- where statutory requirements failed – a will must be made in accordance with the strict procedural requirements of The Wills Act 1837 in terms of how the will is signed and witnessed.
- fraud – where there is a forged will, ie it was not in fact signed by the testator
The costs involved in dealing with disputed wills and other inheritance disputes in the courts can be high even in relation to estates of modest value. In any litigation, the level of costs involved is of course of paramount concern to clients. We use bespoke software to provide detailed and individual budgets at the outset of any dispute. The budget we provide gives a breakdown of the work involved and how much it will cost at each stage giving our clients greater certainty as to both costs and cashflow.
Our aim is always to get the best result for our clients in the most cost effective manner. Wherever possible, we attempt to resolve disputes by means of negotiation or mediation so as to avoid the costs that protracted litigation could involve.
It is important to note that claims in relation to disputed wills, ie where the validity of a will is challenged, are different to the making of an inheritance claim. The latter is where an existing beneficiary or other individual makes a claim for an increased share or a payment out of the deceased's estate.
To speak with a solicitor in the Dispute Resolution team please click here or call us on 0800 840 4929.
