Last Updated on 7th June 2023
What are the grounds for challenging a will?
Our specialist lawyers can help you with challenging a will. For a free assessment of your case, contact our free legal helpline on 0333 888 0407 or send us an email. We operate nationwide and can often work on a no win, no fee basis.
If you are thinking of challenging a will then good starting place is to decide whether you wish to do so on the basis that you think the will itself is invalid, or whether you simply feel that the terms of the will are unfair.
Invalid wills
There are several grounds on which you can challenge the validity of a will. The grounds for challenging a will on the basis of validity include:
- Lack of mental capacity.
- Undue influence.
- Lack of knowledge and approval.
- Forgery and fraud.
- Procedural irregularities.
You can read about each of these grounds in more detail by going to the ‘Invalid Wills’ section of this website, following this link.
Unfair wills
If you accept that the will itself is valid, but feel that the contents are unfair then you can look at challenging a will by making an Inheritance Act claim.
Under the Inheritance Act certain categories of people are entitled to make a claim where the will fails to make reasonable financial provision for them. This includes spouses (or civil partners), cohabitants of two or more years, children, and anyone who was being financially supported by the deceased.
No Win No Fee funding is frequently available for these cases.
You can read more about making a claim for financial provision under the Inheritance Act by going to the ‘Inheritance Act’ section of this website, following this link.
Free case assessments
If you require expert guidance on challenging a will then contact us for a free assessment of your case by calling 0333 888 0407 or sending us an email.