There are very specific situations where challenging a Will may be successful. If you can demonstrate that the person making the Will did not have the mental capacity, then a Will may be invalidated. Other grounds for challenging a Will include undue influence on the testator, fraud, or the Will overlooking dependents.
Have you ever been left out of a Will and thought that you deserved something from the estate? Do you think that family members have acted unfairly, or that a step-parent has influenced your parent? do you think that something suspicious may have happened to a parent’s Will? This article discusses the grounds for challenging a Will in the UK, and what specific factors contribute to a successfully contesting a Will.
We are often asked the question “can your Wills be challenged?” Keep in mind that any Will can be challenged. If a loved ones did not receive what they were expecting from a Will, then they are perfectly entitled to challenge the Will. Typically this would be done through a Solicitor.
But very quickly, the solicitor will be able to tell their client whether they have any chance of success.
There are very specific grounds for a Will to be successfully contested, and we will describe these in this article. Let us start with what will not likely result in a successful challenge.
Many people try to lead you into thinking that writing a Will is so complicated that only a qualified solicitor with years of training should attempt it. You have probably been told that attempting to write your own Will is only going to lead to misery for your loved ones. One of the most common scare-tactics is to compare writing a Will with performing surgery on yourself !
We have explained in the past that writing a Will is neither so complicated that it needs a professional, but nor is it so easy that you could just write one on a blank piece of paper. It is somewhere in between, and it is this mid-ground that LegalWills.co.uk tries to fill with its interactive online Will service.
We always position our service as a happy mid-ground between expensive solicitor fees and the blank Will forms that you can download from the internet or buy from WHSmiths. The finished product of using an interactive online Will service is usually identical to a Last Will and Testament prepared by a solicitor. After all, a solicitor doesn’t write a Will starting with a blank sheet of paper, they use what are known as “Will precedents” or clauses that are historically established, and are known to work. Most solicitors actually use “Parker’s modern Will precedents” and this is the exact same reference book used by LegalWills.co.uk.