If someone leaves a will, they can generally sit back and relax in the knowledge that their property and possessions will be distributed according to their wishes. However, challenges to wills are becoming increasingly common and this can be unsettling for the executors while delaying the process of administering the estate.

We explain the possible grounds for contesting a will and what steps can be taken if a will is being challenged.

There are a number of reasons that a will might be contested including claims that:

• the will is invalid – the Wills Act 1837 requires a will to be signed, witnessed, made voluntarily and without duress, and made by a person of sound mind. Any breach of these provisions would make the will invalid.
• someone has not been provided for under the will when they feel they should have been – under the Inheritance (Provision for Family and Dependants) Act 1975 spouses, cohabitants, ex-spouses, children (including estranged children) and anyone who was financially dependent on the deceased before they passed away can make a claim for financial provision if they have been left out of a will or feel they have not received enough.
• someone has been promised something they did not receive, and this has put them at a severe disadvantage – this would allow them to make a claim for proprietary estoppel.

The manner in which you react to a challenge will depend on the reason, but all defences of a contested will require you to show that the will is actually valid, correct and just. This might involve producing evidence that:

• the deceased had mental capacity and was not acting under duress;
• the will was drafted in compliance with the provisions of the Wills Act;
• the individual mounting the claim has no valid claim on the estate;
• the alleged promise to provide prior to the death was not actually made or was not meant to be taken seriously; or
• the challenger has already received enough under the terms of the will.

If someone contests a will, they might lodge something known as a ‘caveat’. This effectively prevents a Grant of Probate being obtained to administer the estate until the dispute is resolved and the validity and fairness of the will has been proven.

If a caveat is not lodged, it is legal to divide up the estate, but it is generally prudent to pause the distribution of the estate until the dispute is settled to avoid complications later on.

It is sometimes possible to get a caveat lifted so that the estate can be administered. You can speak to one of our solicitors who specialise in inheritance disputes about how you go about making that happen.

Most disputes of this kind are resolved through mediation or negotiation, which is something else our solicitors can help you with. They will also offer guidance and can speak on your behalf if the case does have to go to court.

For more information on defending a contested will, or any other private client issue, contact us.

WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Chard, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.