How Can You Challenge a Will in the UK?

Question from as, How Can You Challenge a Will in the UK?

Answer from AI:

Challenging a will in the UK can be a complex process. It’s important to understand the grounds on which a will can be contested and the steps involved. This is a general guide and not a substitute for legal advice. Always consult with a legal professional for personalized advice.

Grounds for Challenging a Will

In the UK, a will can be challenged on several grounds:

1. Lack of testamentary capacity: The person who made the will (the testator) did not understand what they were doing.
2. Undue influence: The testator was coerced into making the will.
3. Lack of valid execution: The will was not properly signed and witnessed.
4. Fraud or forgery: The will is not genuine.
5. Rectification and construction claims: There was a clerical error in the will or the will’s wording is unclear.

Steps to Challenge a Will

If you believe you have grounds to challenge a will, the following steps are typically taken:

1. Seek legal advice: It’s crucial to consult with a solicitor who specializes in will disputes. They can guide you through the process and help you understand your chances of success.
2. Obtain a copy of the will: You will need a copy of the will to review its contents and identify any potential issues.
3. Enter a caveat: If you want to prevent the will from being executed while you challenge it, you can enter a caveat at the Probate Registry. This stops the grant of probate for six months.
4. Investigate: Gather evidence to support your claim. This could include medical records, witness statements, or other relevant documents.
5. Legal proceedings: If the dispute cannot be resolved, it may be necessary to start legal proceedings. This should be a last resort as it can be costly and time-consuming.

Time Limits for Challenging a Will

There are time limits for challenging a will. For example, claims under the Inheritance (Provision for Family and Dependants) Act 1975 must be made within six months from the date of the grant of probate. Other types of claims may have different time limits. It’s important to act quickly and seek legal advice if you think you have a claim.

Resources

For more information on challenging a will in the UK, you can visit the UK Government’s website on wills, probate and inheritance.

Remember, this is a complex area of law and it’s important to seek professional advice. If you believe you have grounds to challenge a will, consult with a solicitor as soon as possible.