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FOR many people left out of a will, or who have received a lesser proportion of a loved one’s estate than expected, the overwhelming feelings are likely to be of injustice and upset.
Unfortunately, in the eyes of the law, these feelings do not carry any weight. Legally, there are only a set number of reasons under which a will can be contested.
Here, Richard Dobson-Mason looks at some of the grounds for inheritance act claims.
Failure to comply with formalities: There are several formalities that need to have been met for a will to be valid, including the will must be written and signed in the presence of two witnesses, neither of whom can benefit from the will.
Individuals who made a will themselves are less likely to have complied with these conditions.
There may also be a number of versions of a will and, if the most recent will does not comply with the formalities and is found to be invalid, an older version may be legally binding.
Lack of capacity: Mental health can deteriorate and diseases such as dementia and Alzheimer’s can have a significant impact on the ability of an individual to fully understand their actions.
Where a will has been made by someone that could be deemed to have lacked capacity, the contents could be challenged.
Undue influence or coercion: The will-maker needs to have come to the decisions regarding the contents of their will without any coercion or pressure from external sources. For a will to be found to be invalid on these grounds, actual undue influence must be proven by corroborative evidence.
Financial provision and maintenance: Certain groups of people can claim for reasonable financial provision or maintenance if a will does not provide ‘adequate provision’. This can include a spouse or civil partner, a former spouse or civil partner, children, or a cohabitee who had lived with the deceased for two years prior to their death.
Fraud: A will may be open to challenge where doubt exists over whether it was legitimately made by the deceased and/or regarding a signature. If fraud is proven then the will is invalid.
• Making or contesting a will can be complex. Seeking the advice of a solicitor is a good place to start.
To discuss a will dispute, contact Richard Dobson-Mason, Head of Dispute Resolution, on 01457 761 320.
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