Grounds for challenging a will: What you need to know

It is possible to contest a will if it appears to be invalid or fails to make reasonable financial provision for an eligible applicant.

If a will is successfully contested and found to be invalid, it will be set aside, and the estate will be distributed under the terms of the previous will (if one exists) or under the Intestacy Rules (if no previous will exists). If the will is valid, the court has the power to vary it and make financial adjustments where appropriate.

Common grounds for challenging a will

Challenging a will can be particularly significant in cases involving substantial estates or complex financial arrangements. A claimant must have legal grounds to successfully challenge a will. The most common grounds include:

• Lack of capacity – The testator did not have the mental capacity to make a will.
• Lack of knowledge and approval – The testator was not aware of the contents of their will.
• Want of due execution – The will was not executed properly.
• Undue influence – The testator was coerced into making the will by someone else.
• Fraudulent calumny – Someone poisoned the testator’s mind against an individual who would naturally inherit, leading to that person being disinherited.
• Fraud or forgery – The will was forged by someone else.
• Rectification – The will does not reflect the deceased’s wishes due to a clerical error or a failure to understand the deceased’s instructions when the will was prepared.
• Inheritance (Provision for Family and Dependants) Act 1975 – The will fails to make reasonable financial provision for an eligible applicant under the Act.

Evidence and challenges in proving a claim

A claim under any of these grounds requires evidence. Such claims can be challenging to prove because they often rely on evidence of what happened at the time the will was made, which can be difficult to obtain.

How we can help

Our specialist contentious probate team is experienced in handling disputes over substantial estates and high value financial matters. We provide tailored advice, helping you protect your interests during what can be an emotionally charged and complex process.