The rise in complexity of family structures that has occurred over the last few decades has led to a related rise in the number of people contesting Wills, particularly because the size of the potential inheritance has also increased.
However you should not take this decision lightly. Apart from the stress and costs involved, making an inheritance claim can cause a huge tension to grieving families, sometimes causing lifelong splits. So, ask of yourself, is it worth it, both emotionally and financially? If not, will it affect any other relationship?
Well, there are a great number of reasons you may wish to contest a Will. Perhaps, for example, you feel that your loved one has not adequately provided for you. Whether in the Will itself or via intestacy, the Inheritance Act 1975 makes provisions for family or dependants who did not receive reasonable financial provision from the estate of the deceased.
Alternatively you may be concerned about the validity of the Will. Questions to ask before challenging such a situation include:
- Is there evidence the Will is fraudulent or forged?
- Did the deceased have sufficient mental capacity at the time the Will was created?
- Was the Will signed and witnessed correctly?
- Was the Will the last Will of the deceased or had it been revoked?
- Did the deceased know and approve of the contents of the Will?
One of these may form the grounds on which your case is made. Or you may believe the Will has been drafted negligently by a professional who has failed to reflect the deceased wishes, included contradictory clauses or has not met with certain legal requirements.
There may be friction developing between you and the executors and trustees of the Will. This can happen if you consider that they have not given you all the information or if you think they have acted against the best interests of the estate. By contesting a Will it becomes possible to make an application to substitute or remove an executor or trustee.
Regardless of which case applies to you, you should remember that you only have 6 months in which to make an inheritance claim. The limit starts when probate has been granted, but you would be recommended to commence any claim before 6 months has passed from the date of death.
If you're wondering whether or not to contest a Will, you should first speak to a solicitor specialised in this area who will be able to give you expert advice and guidance.