If someone wishes to challenge a will, they must present strong reasons why.
There are four possible grounds upon which such contestation may take place:
- Undue influence
- Lack of mental capacity
- Fraud or forgery
- Failure to comply with legal formalities
Here we take an in depth look at each ground for contention
Undue Influence
Undue influence occurs when someone uses their power or authority to pressure someone writing their will into making specific decisions, for instance a caregiver pressuring vulnerable adults into leaving all of their estate to them as care is threatened; such action would constitute undue influence.
If an individual believes a will was written under undue influence, they have the option of challenging its legitimacy and challenging the will itself.
Lack of Mental Capacity
For any will to be valid, its author must possess sufficient mental capacity. They should understand all aspects of their estate including its nature and extent as well as who would inherit from it in addition to any potential consequences resulting from decisions they are making.
If someone believes a will was written by an incapacitated individual, they can challenge it in court.
Fraud or Forgery
Anyone who believes a will was created through fraud or forgery has grounds to contest its validity. For instance, creating an illicit will and passing it off as authentic would qualify as fraud; similarly forging someone’s signature as they create it would also constitute grounds to challenge a will’s validity.
Failing to Comply With Legal Formalities
In order for any will to be legally valid, its creation must abide by certain formalities that differ depending on its jurisdiction and may include requirements like these:
* Will must be written out*
And * The person creating will must sign it
* When creating a will, both parties involved must sign it in front of witnesses who must also sign it, including two witnesses for every signature to ensure all required legal formalities have been satisfied. Any will that does not follow these requirements could potentially be invalid and subject to challenge by someone.
Note that simply being dissatisfied with how your estate was distributed does not provide sufficient grounds to challenge a will; there must be specific legal arguments as well as valid stake in contesting it.
What are the steps involved in disputing a will?
In order to contest a will legally, one must file an official legal challenge at court known as “will contesting,” which can be an intricate and time-consuming process.
Step one in contesting a will is hiring a solicitor experienced with contesting wills and estates, who can review your situation and advise whether you have grounds to challenge it.
If a solicitor identifies valid grounds to contest a will, they can file an legal challenge in court and then hear testimony from both sides before rendering its ruling on whether the will is valid or invalid.
Alternatively, should the court find that your will is invalid and distribute your estate according to intestacy laws instead, your will may be followed exactly.
Sometimes parties may be able to come to an amicable agreement outside of court without resorting to litigation proceedings, perhaps by negotiating an alternate distribution of assets or agreeing on certain terms of settlement.
Importantly, simply disagreeing with how an estate was distributed is not sufficient cause to contest its will; there must be specific legal grounds supporting your action and you must possess legal interest in contesting.
If you are planning to contest a will or are currently an executor or administrator of an estate facing one, legal guidance from a solicitor who specializes in such disputes is vital for getting to an acceptable result for yourself and the estate involved. A solicitor that specializes in will contests can guide through this complex process and assist in reaching its optimal conclusion for all involved.