Contesting a will in the UK is a procedure that requires careful consideration, as it is a process that can be emotionally and financially taxing. It is the act of challenging the validity of a will or the distribution of an estate under a will. This article provides a thorough overview of how to contest a will in the UK, including the grounds in which a will can be contested, the process and the possible costs of going to trial.
Grounds in which a Will Can be Contested
There are several grounds in which a will can be contested in the UK.
Lack of Testamentary Capacity – The testator must understand the nature of making a will, the extent of the property of which they are disposing and the claims to which they ought to give effect.
Undue Influence or Coercion – It is key that the will is the testator’s own and are the result of the testator‘s “free will.” A claim that the testator was coerced into making the will by another will, for example, fall into this category.
Lack of Valid Execution – Under the Wills Act 1837 a will must be “in writing and signed by the testator” or “by some other person in their presence and by their direction.” There must also be two witnesses present, who must also sign the will in the testator’s presence.
Fraud or Forgery: Any will that is forged or created fraudulently can be contested.
Lack of Knowledge and Approval: The testator must understand and approve the contents of the will.
Claims under the Inheritance (Provision for Family and Dependants) Act 1975:
Certain individuals, including spouses, children, or dependents who were financially maintained by the deceased can claim that the will does not make reasonable financial provision for them.
Process of Contesting a Will
1. Seek Legal Advice: Given the complexity of contesting a will, obtaining legal advice from a solicitor specialising in wills and probate law is crucial.
2. Enter a Caveat: If you believe there is a valid reason to contest the will, you can enter a caveat at the Probate Registry. This prevents the estate from being distributed until your claim is resolved.
3. Gather Evidence: Compile evidence to support your claim. This may include medical records, witness statements, and any relevant documents.
4. Mediation and Negotiation: Before taking the matter to court, parties are encouraged to consider mediation or negotiation to reach a resolution. This can be quicker and cheaper than going to court.
5.Court Proceedings: If a resolution cannot be reached through mediation or negotiation, you may proceed to court. This involves filing a claim, presenting evidence and attending hearings.
Costs Involved
The costs of contesting a will can vary widely depending on the case’s complexity and how long it takes to resolve. If the case goes to trial, it may become significantly more expensive.
- Legal Fees: Solicitors may bill on an hourly basis, or have set fees on a case-by-case basis. Their hourly rates may run from £150 to £400 per hour, or more.
- Court Fees: There are court fees for filing a claim in the High Court, which depend on the value of the claim.
- Additional Costs: Costs may include fees for expert witnesses, court bundles, mediation services, additional legal expenses, etc.
Average Costs if Going to Trial
While going to trial can be expensive, the costs may range from a few £10,000 to a few £100,000. More typically they will be in the range of £30,000 to £50,000, but can be more, and may be less in certain circumstances, based on the factors above. Further information can be found here.
Conclusion
Contesting a will in the UK is a major undertaking and should not be embarked on lightly. It is a potentially complex legal exercise that may result in significant costs — particularly if the case goes to full trial. Anyone considering such a move is strongly advised to seek expert legal guidance on the merits of the specific claim they seek to bring and the potential financial implications.
