WHAT IS THE LIKELIHOOD OF SUCCESSFULLY CHALLENGING A WILL ?
The following are questions that we are frequently asked regarding contesting a Will.
Your chances of success in challenging a Will
Depend on whether you have grounds, and the individual facts of your claim.
Examples of claims which may have merit include:
- You were left out of your mother’s Will but before her death, she had provided for you financially.
- The Deceased died without making a Will and you do not stand to inherit under the rules of intestacy, but the Deceased provided for you financially whilst they were alive.
- Your father made a Will themselves and it clearly did not satisfy some of the legal requirements for a valid Will.
- Your father made a new Will in 2016. He was diagnosed with dementia in 2011 and you believe that by 2016 he had lost the capacity to understand what he was doing in giving away his property.
- Your father, who was frail and vulnerable, always promised he would leave his house to you and your brother. Just before his death, his carer helped him make a new Will which left everything to her.
- You lent your sister £20,000 to help her buy her home. She left everything in her Will to her husband.
- Your mother’s friend persuaded her that you had been stealing from her and rather than leaving her estate to you and your sister, she should leave it to the friend.
- Your father dies, and his ex partner then presents a Will dated a few months before his death leaving everything to her. You are suspicious as your father had always promised his estate to the children.
These are just a few examples of scenarios in which you might want to consider challenging a Will.
Your chances of success in making a claim will depend on a range of factors. These might include the evidence available, witnesses available and, in the case of Inheritance Act claims, both your financial situation and the financial situation of the other potential beneficiaries of the Deceased’s estate. If, for example, the Deceased supported you financially during your lifetime but in their Will, left everything to their spouse who was already significantly well off (while you were struggling for money), your chances of success are much higher than if the Deceased’s spouse had no money and was relying on the inheritance to support themselves (while you were doing very well).
The best way to find out your chances of success in challenging a Will is to contact us for advice without any obligation. Simply complete your details below, providing as much information as possible.