It’s a difficult time when a loved one passes away. It can be made all the more difficult when there’s an unforeseen issue or surprise in the will. This isn’t uncommon and often leads family members and friends to question whether a will can be contested. In this post, we’ll answer that question and look at a few sample scenarios.
Can a will be contested?
Yes, a will can be contested under various circumstances. This includes situations such as undue influence on the testator, lack of capacity suggesting the testator did not fully understand the implications of their decisions, fraudulent activities that might have altered the will’s contents, ambiguous language leading to interpretative challenges, and cases of unexpected disinheritance.
Let’s explore some hypothetical scenarios to better understand the multiple grounds for contesting a will.
Scenario 1: Undue influence
Imagine a scenario where an older person, John, suddenly changes his will shortly after meeting a new caregiver, Lisa. John’s family is shocked to find out that Lisa, who has only known John for a few weeks, is now the primary beneficiary of his substantial estate. John’s family might suspect that Lisa exerted undue influence over him, manipulating him into changing his will for her benefit. Undue influence occurs when someone uses their power to manipulate the testator (the person making the will) into making decisions that don’t reflect their true intentions.
Scenario 2: Lack of capacity
Consider the case of Sarah, a woman with a history of dementia. Her family discovers that her will, drafted just before her condition got worse, leaves all her assets to a distant friend rather than her immediate family. Sarah’s family may contest the will, arguing that she lacked the mental capacity to understand the implications of her decisions at the time she made the will. A will can be invalidated if the testator is proven to have been mentally incapable of comprehending the nature of their assets and the beneficiaries, i.e., they lacked “testamentary capacity.” Note, however, that many people with dementia still do have testamentary capacity.
Scenario 3: Fraud or forgery
Imagine a situation where Mark, a wealthy businessman, passes away unexpectedly. His will surfaces, leaving his entire estate to a charity that no one in his family has ever heard of. Mark seemingly had no particular lifetime connection or known affinity with the charity in question. Upon investigation, it is revealed that the signature on the will doesn’t match Mark’s known signature, suggesting forgery. Mark’s family could contest the will, alleging that it was fraudulently created or that Mark’s signature was forged.
Scenario 4: Ambiguity or unclear language
In another scenario, Jane drafts her own will using an online template, leaving her “estate” to her “beloved friend.” The term “beloved friend” is vague and could apply to several people in Jane’s life. After Jane’s death, her various friends all claim to be the intended beneficiary. This situation could lead to a will being contested on the grounds of ambiguity or unclear language. If a will’s terms are not clear and specific, costly disputes over the interpretation can arise.
Scenario 5: Disinheritance of family
Consider the case of Michael, who has a strained relationship with his son, David. Michael will leave nothing to David and instead divide his estate among his other children. David might contest the will, arguing that he was unfairly disinherited and left out of the will due to personal animosities rather than any legitimate reason. In some jurisdictions, certain family members have a legal right to a portion of the estate, and disinheriting them without proper justification can lead to an estate dispute.
These hypothetical scenarios illustrate just a few of the many grounds on which a will can be contested. It is important to note that contesting a will can be a complex and emotionally charged process, often involving high legal costs. If you find yourself in such a situation, consult with a solicitor who specialises in estate disputes or “contentious probate” who will be able to provide you with the advice and guidance you need.
Summary
Although it’s possible to contest a will under UK law, it can be a tricky process that places a lot of emotional strain on the parties involved. If you do want to contest a will, you should first seek advice from a solicitor specialising in probate law to evaluate the merits of your case. They’ll clarify whether any of the factors discussed above are present, e.g. undue influence or lack of testamentary capacity. If there is a case, you’ll then start the process of contesting the will by lodging a ‘caveat’ at the probate registry, halting the will’s execution until your dispute is adjudicated, followed by a formal challenge in court with your supporting evidence.
You can learn more about the step-by-step process of contesting a will with our guide: The Complete Guide to Contesting a Will
Or if you’d like to speak to an expert, you can organise a consultation with one of our solicitors by calling 0330 111 3131 or filling out our online contact form.