Validity challenges
A validity challenge can involve testamentary capacity, lack of knowledge and approval, undue influence, fraud or forgery, or failure to comply with execution formalities.
Testamentary capacity
The issue is whether the person had the mental capacity required to make the Will at the relevant time. Medical evidence can be important, but capacity is a legal test and the surrounding evidence also matters.
Undue influence
Persuasion is not automatically undue influence. The allegation usually requires evidence that the testator’s free will was overborne. These claims can be difficult and highly fact-specific.
Execution problems
A Will must comply with the statutory signing and witnessing requirements. Questions can arise about who was present, whether signatures were properly witnessed and whether the document is the final executed Will.
Inheritance Act claims are different
Certain applicants can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision. That does not necessarily mean the Will itself is invalid.
Caveats and probate
Where there is a genuine dispute about whether a grant should issue, a caveat can be used in appropriate circumstances to prevent a grant being issued while the issue is addressed. A caveat is not a substitute for legal advice or a tactic to use without proper grounds.
Time limits matter
Different claims have different procedural and limitation rules. Inheritance Act claims are particularly time-sensitive. Anyone considering a challenge should obtain contentious-probate advice promptly.
Xwills and contentious probate
Xwills does not conduct contentious probate litigation. We provide estate-planning information and can refer clients to an independent regulated solicitor where a dispute requires legal representation.
Frequently asked questions
Can I contest a Will because I was left out?
Being disappointed or excluded does not itself invalidate a Will. There must be a recognised legal basis for the claim.
Can a Will be challenged after probate?
Some claims can still arise after a grant, but timing and estate distribution can materially affect the position. Specialist advice should be taken quickly.
What is a probate caveat?
A caveat can prevent a grant from being issued for a period while a genuine dispute is investigated. It should not be used casually.
Does Xwills handle Will disputes?
No. Contentious probate is solicitor-led legal work; Xwills can provide general information and refer to an independent solicitor.
Tell us what you want to achieve
You do not need to know the name of the legal document or trust before speaking to us. Explain the family, property or planning issue and we can discuss the relevant options.
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