Redditch Office

 

Bromsgrove Office

Contested Wills: A Guide to Contested Probate and Inheritance Disputes

Contested probate, also known as contentious probate, arises when there is a dispute over the validity of a will or the way an estate is being administered. If you are considering contesting a will or defending against a contested probate claim, understanding the legal grounds and process is essential.

What is Contested Probate?

Contested probate refers to legal disputes regarding the validity or interpretation of a will. These disputes can arise for various reasons, including concerns about the deceased’s mental capacity at the time of making the will, undue influence, fraud, or errors in the execution of the document.

How to Contest a Will

If you believe a will is invalid or unfair, you may be able to challenge it on one of the following grounds:

  1. Lack of Testamentary Capacity – The testator (the person making the will) must have been of sound mind when drafting the will. If they suffered from dementia or another mental impairment, the will could be contested.

  2. Undue Influence – If the testator was coerced or pressured into making the will in a way that did not reflect their true wishes, the will may be challenged.

  3. Fraud or Forgery – If a will has been tampered with, forged, or created under false pretences, it may be invalid.

  4. Failure to Comply with Legal Formalities – Under the Wills Act 1837, a will must be in writing, signed by the testator, and witnessed by two independent people. If these conditions are not met, the will could be disputed.

  5. Lack of Knowledge and Approval – The testator must understand and approve the contents of the will. If it can be proven they were unaware of its terms, the will may be challenged.

  6. Inheritance (Provision for Family and Dependants) Act 1975 Claims – Certain people, such as spouses, children, or financial dependants, may be able to challenge a will if they were not adequately provided for.

Who Can Contest a Will?

A will can be contested by:

  • Close family members such as spouses, children, or grandchildren.

  • Beneficiaries who believe they were unfairly left out or received less than expected.

  • Individuals who were financially dependent on the deceased.

  • Executors or trustees who dispute the validity of the will.

Defending a Contested Will

If you are an executor or a beneficiary facing a contested probate claim, there are steps you can take to defend the validity of the will:

  • Provide Medical Records – If the will is challenged on the grounds of mental capacity, medical evidence can support the claim that the testator was of sound mind.

  • Obtain Witness Statements – Statements from the witnesses to the will’s signing can confirm that it was executed properly.

  • Gather Previous Wills – If there are previous versions of the will, comparing them can demonstrate the testator’s intentions over time.

  • Legal Representation – Engaging a solicitor experienced in contested probate can help navigate the legal complexities and ensure a robust defence.

Time Limits for Contesting a Will

If you are considering contesting a will, it is crucial to act quickly. Different types of claims have specific time limits:

  • Inheritance Act 1975 Claims – Must be brought within six months from the date probate is granted.

  • Fraud or Forgery Claims – There is no strict time limit, but it is advisable to act as soon as possible.

  • Other Challenges – Should generally be made before probate is granted, though exceptions exist.

How to Start the Contested Probate Process

If you wish to contest a will, you should:

  1. Seek legal advice to understand your position.

  2. File a caveat with the Probate Registry to prevent probate from being granted while the dispute is investigated.

  3. Attempt mediation to resolve the issue without court proceedings.

  4. If necessary, proceed with court action to challenge the will formally.

Conclusion

Contesting a will or defending against a contested probate claim can be legally complex and emotionally challenging. Seeking expert legal advice at an early stage is crucial to ensuring the best possible outcome. Whether you believe a will is invalid or you need to defend against a contentious probate claim, understanding the grounds for dispute and the legal process can help protect your rights and interests.

For expert guidance on contested wills and inheritance disputes, contact our team of experienced contested probate solicitors today.

Tel: 01527 892949

We have offices in Redditch and Bromsgrove and serve the surrounding areas, including Alcester, Studley, Coughton, Stratford upon Avon, Bidford, Evesham, Inkberrow, Feckenham, Cookhill, Henley in Arden, Barnt Green, Alvechurch, Blackwell, Beoley, and Hanbury etc.

If you require legal assistance with contested probate matters, our team is here to help.