It’s estimated that there are nearly 600,000 deaths each year in the United Kingdom. The death of a family member is already an emotionally turbulent event on its own. However, things can get even worse once the will is read.
Wills have the potential to completely blindside the family and spouses of the deceased. This is especially true if the document was changed relatively recently to the death.
If you’re not happy with the terms of a document, you’re likely asking, “Is it worth contesting a will?” This is an important question because though you might have grounds to contest, it doesn’t necessarily mean that it’s the right decision.
Read on as we walk you through how the process works in the UK so you can determine whether or not it’s the right decision for you.
Is It Worth Contesting a Will?
The answer to this question will ultimately depend on the circumstances surrounding the will. If you have a genuine legal reason for contesting the will, it can be worth it.
Otherwise, you might not get the inheritance that you deserve. However, if you’re simply upset with the specifics of the will, it’s not worth it. Some people are left quite unhappy with the outcomes of a will.
Sadly, it’s the deceased’s wishes that are the only things that count at the end of the day. The costs of contesting a will are time, money, and emotional well-being.
Reasons You Can Contest a Will
Feeling left out of the will is not a reason to contest it. Neither is believing that you didn’t get a fair gift from the person. If these two reasons are your only grounds for contesting a will, then you have no case on your side.
What you need is a legitimate legal reason for contesting. In this section, we’ll go over some of the valid reasons for contesting.
Lack of Mental Capacity
For someone to draw up a will, they need to be of sound mind and mental capacity. That means that if someone had a mental illness before they died (like Alzheimer’s), they might not know the gravity of the decision they’re making.
They might leave things to people who are already dead or forget to include key people. To prove this testamentary capacity, you will need to show documents that the person had a mental illness of some sort and that they changed the will while it was going on.
Under the Influence
In some cases, a new spouse or family member might pressure and influence the person to change the will in their favor. This is especially true if the person is in a vulnerable circumstance.
The only problem is that it can be extremely challenging to prove that someone else pressured the individual. As such, you will likely need a lot of coercion evidence on your side to overturn the will.
Lack of Knowledge
A person needs to approve any changes being made to their will. As such, if they didn’t know about changes, the will could be overturned. The most obvious evidence of this would be a lack of signature.
However, if the person is deaf, blind, or paralyzed, they might be taken advantage of by my incorrigible individuals. Sadly, again it can be a challenge to prove that someone intentionally did this.
Wills Act of 1837
The Wills Act of 1837 states that the individual’s will must be signed by that person. Not only that, but the signing itself needs to be witnessed by two other people.
Lastly, these witnesses need to sign saying they saw the person sign the will. If any of these conditions are not met, there’s a good chance you might be able to overturn it because it’s not valid.
Fraud and Forgery
In some insidious cases, a person’s signature might be forged on the will. Or worse, the entire will itself is a fraud. If you can prove either of these things, there’s a good chance you might get it overturned.
How Do You Contest a Will?
Keep in mind that just because you have a legitimate reason for contesting the will doesn’t always mean it will go in your favor. Indeed, overturning a will can often be an extensive legal challenge. So what’s involved?
First, you need to find a solicitor who will take on the case. We recommend finding professionals who are skilled in this type of legal area so they can help you with the evidence needed to contest a will.
If you need a recommendation, you can’t go wrong with a reputable firm like Gorvins LLP. Once the solicitor has decided that your claim might be valid, they’ll need to submit a formal claim.
This can be done at the local Probate Registry office in your area. As soon as a formal claim (also known as a caveat) is submitted, it will halt the probate process. That means that any distribution of the deceased’s estate cannot proceed until the issue is dealt with.
Resolving the dispute can vary depending on the circumstance. In some cases, it will need to go before a judge, which can often take six months to a year.
However, it’s generally more common for these to be resolved outside of court – specifically, through mediation between solicitors representing their parties. That said, resolution doesn’t always work.
In these cases, litigation will need to decide whether they will have legitimate grounds to be overturned. You must listen to the advice of your solicitor.
If they decide that contesting is a waste of time or effort, you should listen to them. Alternatively, you can get a second opinion, but you shouldn’t be surprised if they say the same thing.
Appreciate Learning About Contesting a Will? Keep Exploring
We hope this guide helped you answer the question, “Is it worth contesting a will?” As you can see, there are plenty of grounds available for contesting. However, where it gets difficult is proving the grounds.
That’s why we recommend meeting with a solicitor. Describe your situation and they can give you their advice on whether or not you should proceed.
Want more legal tips? We have plenty more on our website, so keep exploring to find all of it.
