Last Updated on 17th February 2025
In what circumstances can I dispute a Will?
If you require expert assistance with contesting a Will, then contact our specialist team for a free consultation. Call our free helpline on 0333 888 0407 or email us.
Specialist inheritance lawyer Naomi Ireson answers one of the most common questions we get asked, ‘In what circumstances can I dispute a Will?’
The two main situations in which Wills are contested are:
- When the Will itself is legally invalid; and
- When the Will is challenged under the Inheritance Act.
Where the Will is legally invalid
There are a number of legal grounds upon which you can dispute a Will. You may for instance feel that the person making the Will lacked mental capacity. Alternatively you may believe that they were subjected to what lawyers call, ‘undue influence’. You may even suspect that there has been fraud, or that the Will itself is a forgery. In all of these circumstances, if you can demonstrate that the Will is invalid then its provisions will not be enforceable, and the estate will be distributed in accordance with any earlier valid Will. If no such Will exists then the intestacy rules shall apply.
Where an Inheritance Act claim is made
If the Will itself is legally valid but you feel that it fails to make adequate financial provision for you, then you can consider making an Inheritance Act claim.
To be eligible to make an Inheritance Act claim you must belong to one of the limited classes of people identified in the Act. This includes spouses, partners, children and dependants.
The courts have very wide powers under the Inheritance Act to change the terms of someone’s Will so as to ensure that those who should be provided for receive what they are due. However, strict time limits apply, so do not delay in seeking specialist legal advice.
Contact us for a free review of your will dispute
If you would like to know if you can contest a Will then make a start by contacting our contentious probate team for a free consultation. Our expert lawyers will assess your case and tell you if we can help on a No Win, No Fee basis.
Call 0333 888 0407 or email us at [email protected]