Many people assume that only someone named in a Will can challenge it. In reality, a person does not always need to be included as a beneficiary to contest a Will. In certain circumstances, someone who has been left out may still have legal standing to bring a claim.
Many people assume that only someone named in a Will can challenge it. In reality, a person does not always need to be included as a beneficiary to contest a Will. In certain circumstances, someone who has been left out may still have legal standing to bring a claim.
This may happen where there are concerns about whether the Will is valid or not, whether the person making it had mental capacity, whether undue influence was involved, or whether someone who was financially dependent on the deceased has not received reasonable financial provision.
Will disputes can be emotional, sensitive and legally complex. If you are considering an inheritance claim, or you are an executor or beneficiary defending one, it is important to seek legal advice as early as possible.
Yes, you can contest a Will if you are not named in it, provided you have valid grounds and a legitimate interest in the outcome.
Strictly speaking, being left out of a Will is not enough on its own. The person making the claim must usually show either that:
For example, someone may challenge a Will if they believe the deceased lacked testamentary capacity, was pressured into signing the Will, or did not understand and approve its contents. Alternatively, a spouse or civil partner, child, cohabiting partner or financial dependent may be able to claim financial provision from the deceased’s estate.
To bring a legal challenge, you must have legal standing. This means you must have a sufficient connection to the deceased’s estate or be someone who may benefit if the Will is declared invalid.
People who may be able to contest a Will include:
Family members do not automatically have the right to contest a Will simply because they are unhappy with the outcome. There must be legal grounds for the claim.
There are several recognised grounds for contesting a Will. The right approach will depend on the facts, the available evidence and the nature of the concern.
The person making the Will must have had testamentary capacity at the time it was made. This means they needed to understand that they were making a Will, the extent of their assets, who might expect to benefit, and the effect of their decisions.
Concerns about mental capacity may arise where the deceased had dementia, serious illness, confusion, medication side effects or other health issues. Medical records, witness statements and evidence from the will writer may be important.
Undue influence occurs when someone is pressured, coerced or manipulated into making or changing a Will. The influence must be serious enough to overpower the person’s free will.
These claims can be difficult because undue influence often happens privately. Suspicious circumstances surrounding the Will, sudden changes, isolation from family members or unusual involvement by one beneficiary may all require investigation.
A Will may be challenged if the deceased did not properly understand or approve its contents. This may be relevant where the Will was prepared in suspicious circumstances, where there were language or literacy issues, or where someone else was heavily involved in giving instructions.
A Will must be correctly executed in line with the Wills Act 1837. Generally, it must be signed by the person making it and witnessed by two independent witnesses who are present at the same time.
If these legal requirements are not met, the Will may be deemed invalid.
A Will may also be challenged if there is evidence of fraud or forgery. For example, this may involve a forged signature, false information given to the deceased, or deliberate deception affecting the contents of the Will.
If a Will is declared invalid, the deceased’s estate may be distributed under a previous valid will or, if there is no earlier Will, under the intestacy rules.
Even where a Will is valid, certain people may still be able to make a claim under the Inheritance Act if they believe they have not received reasonable financial provision.
This type of inheritance claim does not argue that the Will is invalid. Instead, it asks the court to decide whether the Will, or the intestacy rules, failed to make reasonable financial provision for the person making the claim.
The court may consider:
The court does not simply rewrite a Will because someone feels it is unfair. It will look carefully at the evidence and decide whether financial provision should be made.
Yes, and acting quickly is very important.
For an Inheritance Act claim, the usual time limit is six months from the date of the Grant of Probate. Claims may sometimes be brought after this time, but permission from the court is required and there is no guarantee it will be granted.
Other types of Will challenge may have different time limits. For example, there is no fixed statutory time limit for claims based on fraud or undue influence, but delay can still make the legal process harder, especially if the estate has already been distributed.
A caveat can be lodged at the Probate Registry to help prevent a Grant of Probate being issued while a probate dispute is investigated. This can be an important step where there are genuine concerns about the validity of the Will.
The legal costs of contesting a Will can vary depending on the complexity of the matter, the evidence required and whether the dispute is resolved early or proceeds to court.
Costs may include legal fees, court fees, obtaining medical records, gathering evidence, witness statements and drafting legal documents. Some inheritance disputes are resolved through correspondence or mediation, while others require court proceedings.
In many cases, each party is responsible for their own legal costs. However, the court has discretion and may order costs to be paid by one party or from the deceased’s estate, depending on the circumstances and conduct of the parties.
Because costs can increase quickly, it is sensible to seek legal advice early. A solicitor can help assess the strength of your claim, the likely risks and whether dispute resolution may provide a more cost-effective route.
Yes. Many Wills disputes and inheritance disputes are resolved without a final court hearing. Negotiation, mediation and alternative dispute resolution can often help parties reach a practical agreement while reducing delay, stress and legal costs.
This can be particularly valuable where family relationships are already strained. A negotiated settlement may provide a more constructive outcome than lengthy legal proceedings.
However, some cases do require court involvement, particularly where there are serious allegations of fraud, undue influence or lack of testamentary capacity. In those circumstances, expert legal advice is essential.
You cannot always stop someone from bringing a claim if they have valid grounds. However, a well-prepared Will can reduce the risk of disputes.
This may include:
If a claim has already been made, executors and beneficiaries should seek legal advice before responding. Early advice can help protect the estate, manage the dispute and avoid steps that could make the matter more difficult.
Contesting a Will, or defending a challenge, can be stressful and emotionally difficult. These cases often involve family history, financial concerns and sensitive questions about the deceased’s intentions.
At Walker Foster, our experienced team provides clear, practical advice on Wills disputes, inheritance disputes and contentious probate matters. We can help you understand whether there are valid grounds for a claim, gather evidence, assess time limits and explore the best route towards a successful outcome.
Our contentious probate lawyers advise claimants, executors and beneficiaries. Whether the matter can be resolved through dispute resolution or requires court proceedings, we will guide you with professionalism, honesty and care.
Contact Walker Foster today for clear, supportive advice from our probate lawyers. We can help you understand your options, protect your position and take the next steps with confidence.
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