Contesting a Will? Grounds for challenging a Will in the UK

Information on Protecting a Will

Protecting a Will

Freedom of testamentary disposition has long been a central pillar of the English law of succession. If you are of sound mind, are aware of and understand what you are signing and do so without influence or under duress, then you can dispose of your estate as you wish.

This is subject to the overriding provisions of the Inheritance (Provision for Family & Dependants) Act 1975, which applies to the estates of those who die domiciled in the UK.

The Act identifies a class of protected persons who may have grounds to contest a will and be able to claim reasonable provision if the impact of a contested Will, intestacy or the law of survivorship fails to achieve this.

These include a surviving spouse, a former spouse, a child, any person treated by the deceased as a child of the family, those who were maintained by the deceased immediately before their death and, since 1 January 1996, those who were living under the same roof as husband and wife for a period of two years immediately prior to the death.

Claims under the Inheritance Act 1975 by a surviving spouse generally extend to such provision as might have been made had the marriage ended not on death but in divorce; other claims are for such provision as is reasonable for maintenance. In short, there are many reasons a person may wish to challenge a Will, or believe they have the grounds to contest a Will.

So, can you ensure that your Will is not going to be subject to challenge after your death?

First and foremost, a Will must meet a number of requirements. It will need to be signed in the presence of two witnesses who must both be present at the time. A professionally drawn Will will always contain evidence of compliance with this requirement and this creates a presumption of validity at this basic level. Those taking instructions will also satisfy themselves as to capacity and, if there is any doubt, will seek a second opinion from the medical profession. Confirmation that these steps were taken prior to the execution of the Will will reinforce prospects of the Will surviving any challenge post death.

Equally, a statement (either in or ancillary to a Will) explaining the reasons for its contents and the absence of any provision for a particular potential beneficiary can serve as a first line of defence to a prospective claim under the Inheritance Act 1975 challenging a Will, as well as providing evidence of any lifetime gifting which might have made further provision on death unnecessary or inappropriate.

So far, so good, one might think.

Experience suggests otherwise…

The increase in the value of estates has created incentives to contest or challenge a Will which, while such claims might only be nuisance value, can nonetheless result in a worthwhile settlement as those affected seek to avoid the delay and expense of defending a claim. Forgery and fraud are not uncommon. It is not unheard of for signatures on Wills to be applied falsely and in circumstances where the purported testator is oblivious to what is being done. It is also suspected that Wills which may be unpalatable to those adversely affected are simply destroyed and their provisions replaced either by the intestacy rules or a more favourable earlier Will.

Simple precautions must include:

Instructing an experienced contentious probate solicitor to prepare what is one of the more important documents you will ever sign;
Making sure the contentious probate lawyer keeps a detailed note of the points discussed. Do not be offended if there is any discussion about capacity or a suggestion of a second opinion – this is being done for your protection;
Ensuring that the original Will is kept under lock and key, preferably by the solicitor who drafted it and keep it under review;
Developing a relationship with your contentious probate solicitor so that he or she is aware of your circumstances and priorities and can provide answers to any questions which arise when the Will is put into effect – or challenged;
Keeping any copy of your Will confidential and avoiding discussing it – even with those who stand to benefit. It is a private document and should remain so in your lifetime.

Information on Challenging a Will

Challenging a Will

Experience of how Wills should be drawn up and applied also provides a basis for knowing when and how to contest or challenge a Will.

If you have come to expect to inherit and, for no obvious reason and apparently through no fault of your own, you do not, it is perfectly possible that you have lost out as a result of the activities of those who have procured a larger share of the estate at your expense. Wills executed late in life which contain unexpected provisions will often attract the Court’s suspicion if the circumstances in which they were executed are properly explored.

You may have maintained a close relationship with a relative who in turn has been subjected to a constant stream of false accusations about you, such that he or she starts to believe them to be true. They may then give instructions for a Will to be drawn up, reflecting the false picture which has emerged. Those instructions, taken in good faith, can very easily result in a Will which even the professional person who drafted it believes represents an accurate and sincere reflection of the client’s wishes. Such a Will could very will inspire claims under the Inheritance Act 1975 led by those who believe they have grounds to contest a Will in the above circumstances.

So do not take anything at face value. If it seems wrong, then there is a distinct possibility that it is and you should seek advice on what steps are available to right a wrong which will otherwise not go remedied and will impact severely on you and your family in the years to come. You may have the grounds to contest a Will and, if so, our contentious probate solicitors can help you with challenging a Will.

If you fall within the class of persons protected by the Inheritance Act 1975 and do not believe that reasonable provision has been made for you, do not ignore the opportunity of considering a claim.

The concept of a claim under the Inheritance Act 1975 is there for your protection and confers rights which will secure you reasonable provision if the circumstances justify it. Very few such cases lead to trial and the parties are under an obligation to explore opportunities to reach settlement either informally or by way of formal mediation so the daunting prospect of a lengthy and potentially expensive process should not deter you from seeking advice from a contentious probate solicitor in relation to a contested Will.

How we can help

Carter Lemon Camerons LLP Solicitors is a City law firm which provides Wills and probate services with a personal touch to its clients – that go beyond the simple drafting of documents. Unlike many City practices we are happy to act in smaller private legal matters, bringing the same care and consideration as we do to large commercial matters. If you require advice on Wills, estate planning, the grounds to contest a Will and making or defending claims under the Inheritance Act 1975 please contact Ian West, Cheryl Thompson, Pami Akthar or Michael Woodward.

Contentious probate Q&A

Can I challenge a Will?

On what grounds can I challenge a Will?

Can I make a claim under the Inheritance (Provision for Family & Dependants) Act 1975?

How long do I have to challenge a Will?

Meet the team

Cheryl Thompson

Senior Associate Solicitor - Private Client

Cheryl joined Carter Lemon Camerons in November 2023 as a Senior Associate Solicitor.

She started her career as a Technical Adviser/Case Worker for HM Revenue & Customs Inheritance Tax. Following a career break she commenced a second career, which now spans over 20 years, working in Private Client departments in Regional law firms.

She specialises in the preparation of and advising on Wills, Lasting Powers of Attorney, Non-Contentious Court of Protection Applications, Trusts, the Administration of Estates and associated taxation.

Cheryl has extensive estate administration experience including obtaining Grants of Probate/Representation in both non-complex and complex estates, not limited to but including, the estates of nondomiciled individuals and resealing foreign Grants of Probate in the English Probate Registry.

Away from the office Cheryl enjoys family life and is a yoga enthusiast, a passionate follower and player of tennis, an ardent Arsenal supporter, and a keen miniature dachshund walker.

020 7406 1000 - cherylthompson@cartercamerons.com

Ian West

Partner - Private Client

Ian West is a partner in the Private Client team. He deals with a wide range of matters including commercial and residential conveyancing, will drafting, trusts and probate and powers of attorney.

Private Client Matters

As well as obtaining grants of probate for UK estates, Ian has assisted personal representatives of foreign estates in resealing foreign grants to administer UK assets held by a deceased domiciled outside the UK. He has dealt with resealing foreign grants in jurisdictions as diverse as Holland and Iran. He has also advised on domicile in respect of deceased’s estates and regularly deals with the UK estates of persons who have died domiciled outside the United Kingdom.

Property Transactions

Recent property transactions include:-

Acting for clients on a lifetime mortgage as part of an inheritance tax strategy.
Acting on behalf of a landowner in connection with the grant of an option for a lease for use of the land for battery storage.
Acting on behalf of a landowner in connection with the sale of land for use as an electricity sub-station in connection with a wind farm project and grant of options for related easements.
Acting for both landlords and tenants in respect of statutory claims for extension leases of flats.

More…

Ian was educated at Brentwood School Essex, Manchester University and the College of Law London. He qualified as a solicitor in 1981 and joined Metson Cross in 1982 becoming a partner in 1990.

Ian is married with two children.

As former Honorary Secretary of the Society of Old Brentwoods, Ian takes a keen interest in the affairs of the School and in various events and functions organised by the Society. He is also a keen follower of football and has an interest in classic cars. Ian is a member of the Mini Cooper Register. Ian has also been learning to play the guitar (for over 45 years!).

020 7406 1000 - IanWest@cartercamerons.com

Kiran Bansal

Solicitor - Litigation

Kiran has been working in litigation and dispute resolution since 2009. She is a dedicated and skilled litigation solicitor. Kiran studied the LLB at University of Hertfordshire and completed the Bar Vocational Course (as it was known then) in 2008. She cross-qualified as a Solicitor in 2012 whilst working at a firm in Central London.

Kiran moved away from London and worked in regional firms in the Midlands and Berkshire from 2015 before moving to Carter Lemon Camerons in 2023. She understands the importance of building strong relationships with individual and commercial clients to provide an excellent service and offers comprehensive legal representation tailored to meet the unique needs of each of her clients.

Kiran possesses a thorough understanding of the complexities of litigation and is known for her strategic approach to resolving disputes. She is committed to providing personalised attention to each client, guiding them through every step of the legal process with empathy and professionalism.

Areas of Expertise

Civil Litigation: Kiran has extensive experience representing clients in civil litigation matters, including contract disputes, constructive trust disputes, defamation and data protection claims, and insolvency. She is skilled at crafting effective legal strategies to protect her clients’ interests and achieve a favourable outcome.
Commercial Litigation: Kiran has successfully represented businesses of all sizes in disputes involving breach of contract, business rates, IP disputes, trustees in bankruptcy and partnership disputes. She understands the commercial needs for her clients and strives to minimise risk while maximising results for her clients.
Property Litigation: Kiran has extensive experience representing both landlords and tenants in disputes arising from residential and commercial agreements. She provides guidance on matters such as lease terminations, rent arrears, eviction proceedings and contractual covenants within agreements, working diligently to protect her clients’ rights and interests.
Contested Probate: Kiran has extensive experience in bringing and defending contested probate claims for individuals and trustees. She has worked on matters involving, contesting wills, deeds of variation, beneficial interests, proprietary estoppel claims, and claims made relating intestate estates.

Kiran is a skilled negotiator, dedicated to finding amicable solutions to conflicts whenever possible. She approaches each dispute with a focus on achieving efficient and cost-effective resolutions for clients while always preparing for the possibility of litigation if necessary.

Kiran understands that navigating the legal system can be daunting, especially for individuals facing challenging circumstances. That’s why she is committed to providing compassionate and attentive representation to every client. She takes the time to listen to their concerns, explain their legal options in clear and accessible language, and empower them to make informed decisions about their cases.

020 7406 1000 - kiranbansal@cartercamerons.com

Michael Woodward

Consultant - Private Client

Michael qualified as a solicitor in 1982 and is a consultant based in the private client department. Michael advises on a wide range of UK and international tax issues. He is a member of the Society of Trust and Estates Practitioners and is an expert on wealth structuring, having been responsible for this area at Barclays Wealth for 13 years. He has also been authorised under the financial services legislation since it was introduced in the 1980s and advises on investment and financial services matters.

020 7406 1000 - MichaelWoodward@cartercamerons.com

Pami Akthar

Solicitor - Private Client

Pami specialises in Wills, Probate and Estate Planning.

Pami assists clients in preparing Wills, Lasting Powers of Attorney and on applications for Grants of Probate/Grants of Letters of Administration and resealing foreign Grants of Probate in the English Probate Registry.

Pami also has knowledge of residential property which assists her to liaise with residential property colleagues when estates include properties to be transferred/sold.

She first obtained an undergraduate LLB degree at Queen Mary University of London, before taking a Legal Practice Course and a Master’s Degree in law at the University of Law. She qualified as a solicitor in 2022.

Away from the office Pami enjoys travelling and reading.

020 7406 1000 - Pamiakthar@cartercamerons.com

Contesting a Will

Protecting a Will

Challenging a Will

How we can help

Contentious probate Q&A

Meet the team

Private Client Matters

Property Transactions

More…

Areas of Expertise

Do you have a question?

Related News

Protecting a Will

Challenging a Will

How we can help

Contentious probate Q&A

Meet the team

Private Client Matters

Property Transactions

More…

Areas of Expertise

Do you have a question?

Related News

Find out more...