Not only have estate values increased, but there has also been an increase in complex family arrangements, which can include second marriages later in life, as well as stepchildren and adopted children. This can create more conflict when it comes to splitting the estate. 

If you have been left out of a Will of a loved one or you feel that you are going to receive less than you expected, then what can you do? We have created this short guide to help you understand your next steps and how to contest a Will.

How to contest a will

There are two main ways of contesting a Will. The first is either to challenge the validity of a Will or to claim that you are not reasonably provided for under the terms of the Will. 

Whichever method applies to your situation, your first port of call is always to contact a specialist and obtain expert legal advice. Contentious probate is a complex area of law with strict time limits and processes where cost consequences can be substantial. 

Time limits will vary depending on which route is being taken. Each is covered below:

Route 1 – Challenging the validity of a Will

If you are challenging the validity of a Will, there is no fixed or specific time limit other than a long stop deadline of 12 years following the date of death. 

However, it is always best to challenge a Will sooner rather than later because if the estate is finalised and funds have been paid to the beneficiaries, then it will be difficult to reverse that, as the money is likely to have been spent. 

Route 2 – Claiming that you are not reasonably provided for under the terms of a Will

If you are taking this route, then there is a time limit of 6 months from the date the Grant of Representation is issued. There are only limited circumstances where claims are allowed to be brought outside the 6-month time limit. 

Grounds for challenging a Will

There are a number of reasons why you may want to understand how to contest a Will and start a dispute. The usual grounds are as follows: 

1. The Will does not comply with the formality requirements. I.e it has not been witnessed;
2. The person making the Will lacked the necessary capacity;
3. The person making the Will did not properly approve the terms of the will or have the required knowledge of what they were signing; and/ or 
4. The person making the Will was coerced into making a Will that they otherwise wouldn’t have. 

Once suitable grounds have been established, the next steps taken when investigating a potential challenge to the validity of a will are: 

1. Obtain a copy of the files of the solicitor or will writer who was involved in preparing the will;
2. Obtain medical records of the deceased to check that they had the necessary capacity; 
3. Obtain evidence from you and any other relevant people that may provide evidence that the will should be challenged. 

If you are intending to make a reasonable provision claim

The first steps to be taken are as follows 

1. Obtain details of your financial needs and resources, including details of your income, your outgoings, debts, assets, and any future anticipated needs 
2. Obtain evidence from you and any other relevant people who may provide evidence that you should have been left more. 

Next steps

Once the first steps above have been taken, the next step in a Will dispute is to set out the claim in a formal letter known as a letter of claim, enclosing the evidence relied upon. The other side is then given a period of 21 days to respond with a letter of response. 

If you wish to contest a will, or you have been notified that someone else wants to contest a will that you are dealing with or stand to benefit from, please contact us for assistance. At Kitson Boyce, our specialist Will disputes team are on hand to guide you through your matter and provide clear and pragmatic advice tailored to your circumstances. Simply call us on 01803 202020 or enter your details in the contact form below and a member of our Will disputes team will be in touch.