When someone dies, even if they have left a Will, there can be some suspicious circumstances that surround that Will. Whether you think a Will might be a forgery or has been made under duress, contesting a Will might be the only route you think is open to you. However, contest a Will is not a cheap or simple process. So before you contest a Will, it is better to see if things can be resolved beforehand. If you have no other option, then it is best to be prepared for what you are going to face.
Has the Will been properly signed?
To contest a Will, you have to establish first off whether it has been properly witnessed and signed. If it hasn’t, then you have crowds to contest the Will as it is invalid. If it has been properly signed then you there are other grounds you may be able to contest the Will on.
Grounds for Contesting a Will
There are two basic grounds to contest a Will on. Firstly, if the Will is invalid in any way, then it can be contested. Secondly, there are grounds to contest a Will if it fails to make any reasonable financial provision for someone what was financially dependent on the deceased before they died. The second grounds for contesting a Will is fairly limited in scope; but there are a few different ways in which a Will might be invalid. This includes:
- If they Will has not been properly witnessed and signed
- Lacks the mental capacity to have written the Will or understand why a Will is needed. In order to write a Will, you must be of sound mind, memory and understanding.
- If someone has forced the deceased to write a Will in a particular way that they would not have done without the influence of another person/s.
- The deceased lacked knowledge or approval on the Will that was made.
- The Will is a forgery or fraud has been committed when the Will was written.
You can contest a Will under the Wills Act 1837 as well. Section 9 of the Wills Act 1837 states that a Will must be in writing and signed by the person making the Will. Two people who do not benefit from the Will must sign it to say they have witnessed the Will maker signing the Will and then both sign to say they have witnessed the signing of the Will.
Costs involved with Contesting a Will
When a Will is contested, the executor will usually take a neutral position, so they aren’t held responsible for any legal costs if there are any objections or concerns about how they have handled the estate. The legal costs in involved with contesting a Will can be quite considerable. Depending on how quickly the estate is settled, the costs can range from £500 to over £100,000, plus VAT. For this reason, it is important that you make sure you exhaust every other opportunity before you contest a Will.
Want to avoid having your Will contested? Contact us today for expert help writing your Will and find out how good estate planning can help to avoid any problems once you’ve passed away.
