Check out our handy guides for more help contesting a will
What are the grounds for contesting?
There may be a very clear reason to contest a will, but in some cases there are multiple grounds for contesting. In that situation, it’s important to choose the ground your solicitor believes is the strongest option for you, as this may involve a tight deadline.
Examples of grounds for contesting include:
- Forgery or fraud
- The deceased was not of sound mind
- Lack of execution, where the will was not legally valid due to witnesses or signatures
- The deceased did not know certain things were in the will
- The deceased was unduly influenced when writing their will
- Rectification, where the deceased’s intentions were not carried out due to a clerical error
- Construction, where the words in the will are unclear and need to be defined
- Reasonable financial provision, where the deceased has not provided for dependants who would otherwise suffer financially
Is there a time limit for contesting a will?
When dealing with inheritance issues, it is better to contest a will as soon as possible, ideally before a grant of probate. This is because matters can become more complicated if funds have already been released to beneficiaries. Some grounds have a time limit of six months from the grant of probate, while others, such as fraud, have no time limit.
It is always better to discuss the issue with a solicitor as soon as possible. They can make it clear to the executor that there may be issues with the estate and may even be able to delay the grant of probate until the grounds for contesting can be explored.
It is still possible to contest a will after probate has been granted, but it is likely to be more difficult. Always speak to a solicitor as early as possible.
How long does it take to contest a will?
The timeline for contesting a will depends on both the type of claim and how it is handled. For example, a clear error in the will may be resolved more quickly than a claim for reasonable financial provision or fraud. The complexity of the case will affect how long it takes.
Many cases are settled before they ever go to trial. This can make the process quicker, as waiting for a court date may take around a year.
Each case will have a different timeline, depending on how much paperwork you need to obtain and how complex the claim is.
What will I need to do?
After discussing which grounds make the most sense with your solicitor, you may need to gather certain paperwork depending on the type of claim. For example, if you believe the deceased was not of sound mind when writing the will, medical records or other supporting evidence may help your solicitor build the case.
You will need to get a copy of the will from the executor, and your solicitor may suggest entering a caveat to prevent probate from being granted until the matter is settled. If the executor refuses to provide a copy of the will, your solicitor can help.
Always try to speak to a legal professional as quickly as possible so you can understand whether you have a claim.
If you’re in Scotland, the conditions for contesting a will are slightly different, so it is worth checking which rules and procedures apply to your case.
What happens if the will is contested?
Bear in mind that if a will is found to be invalid, the estate will be processed according to a previous will. If there was no previous will, the estate will fall under the law of intestacy, where the estate up to £250,000 is left to the surviving spouse, and anything remaining is split between the spouse and any children.
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