Grounds for contesting a will

Losing a loved one is difficult enough without the added stress of a legal dispute. Unfortunately, disagreements can often arise over the terms of a Will, concerns about its validity, or how an estate is being distributed.

Disputes of this nature are highly personal. Every family situation is unique, and we take the time to understand your circumstances and explore the most constructive way forward. In many cases, it’s possible to resolve matters without going to court.

We’ll work closely with you to assess the strength of your position, manage risk and guide you through the most appropriate options whether that’s negotiation, mediation, or litigation if needed.

Contesting a Will: how we can help

Disputes over Wills often arise after the loss of a loved one when emotions are high and clarity is needed. These disagreements can relate to the Will’s content, the way it was created, or how the estate is being handled.

We understand how personal these matters are. Every situation is unique, and our aim is to help you resolve the issue with sensitivity and minimal disruption.

Where possible, we’ll help you resolve matters through early negotiation or mediation avoiding court where practical. Where litigation is necessary, we’ll guide you through the process with clear advice at every step.

Grounds for contesting a Will

There are several legal grounds to challenge a Will. We’ll help you assess the circumstances and advise whether you have a valid claim.

Lack of testamentary capacity 

A person must be of sound mind when making a Will. If there are concerns they lacked the mental capacity to understand the impact of their decisions, the Will may be invalid.

Undue influence

If someone was pressured or coerced into changing or signing a Will, it may be challenged on the grounds of undue influence. This often arises in vulnerable situations or within imbalanced relationships.

Lack of knowledge and approval

The person making the Will (the testator) must have fully understood and agreed to its contents. If they were for example, blind, illiterate, or otherwise unable to read the Will and it wasn’t properly explained to them, this could form valid grounds to contest it.

Lack of valid execution

A Will must meet strict legal requirements to be valid, it must be properly signed and witnessed according to the Wills Act 1837. If any of these formalities are not followed, the Will could be challenged.

Fraud or forgery

A Will may be contested if it is believed to have been forged or signed fraudulently. For example, if someone has altered the Will after it has been signed.

Inheritance Act claims

If you were financially dependent on the deceased and have been left out of the Will, or feel you’ve not been provided for, you may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Rectification

If a Will contains errors, unclear wording or doesn’t accurately reflect the testator’s true intentions, it may be possible to apply to the court to have it corrected.

If you think you have grounds to contest a Will then it is important to act fast, preferably before a Grant of Probate is obtained. If you are contesting a Will believing it to be invalid, you can lodge a caveat which will prevent any Grant of Probate from issuing.

Before issuing proceedings in the High Court and incurring substantial costs, you should consider various other options. Legal action can slow down the receipt of any inheritance and can be costly for all parties involved.

Although there is no specific protocol for contesting a Will, good practice includes the following:

• The early exchange of full information about the prospective legal claim.
• This enables parties to avoid litigation by agreeing a settlement of the claim before the commencement of proceedings.
• If litigation is inevitable, the above supports the efficient management of proceedings.

Who can challenge a Will?

Usually, spouses, children, cohabitees, and other financial dependants are eligible to challenge a Will. Others with a legitimate interest in the estate (such as those who were promised something by the deceased) may also have grounds, depending on the circumstances.

Resolving Will disputes without going to court

Many will disputes can be resolved through mediation or negotiation, without the need for costly court proceedings. Our experienced team will work with you to:

• Review the strength of your claim or defence
• Explore the potential outcomes and risks
• Guide you through alternative dispute resolution (ADR) methods
• Represent you if court proceedings are unavoidable

Contact us