Who Can Contest a Will in the UK?

Contesting a will is often a sensitive and complex process. If you believe a loved one’s will does not reflect their wishes, or if you feel you have been left out in an unfair way, you will want to know what your rights are.

At Caversham Solicitors, our team of experts fully understand the challenges you are facing and are here to provide expert guidance in the process of contesting a will. Below, we’ll look at who can contest a will in the UK, and we will answer some of the most common questions.

Generally, a will can be contested by close family members, dependants, or people who were promised an inheritance. These may be spouses, children, cohabiting partners, or someone who was financially dependent on the deceased. Each person willing to challenge a will needs to have the right grounds to do so.

Which Family Members Can Contest A Will?

In the UK, certain family members can automatically contest a will. Typically, these include:

A spouse or civil partner
Children, including adopted or stepchildren (in some circumstances)
Other parties, like former spouses who have not since remarried

In other words, anyone who might expect to inherit could have grounds to contest. They may do so if they believe the will is not valid or doesn’t make provision for them.

Can It Only Be Family Members?

While it is true that most people who contest are usually family members of the deceased, a will can also be challenged by others. For instance, someone who was financially dependent on the deceased or a person who was promised something by the deceased.

With the right grounds, friends, carers or cohabiting partners may be able to contest under the Inheritance (Provision for Family and Dependants) Act 1975.

On What Grounds Can Someone Contest A Will?

There are several legal grounds for contesting a will:

Lack of testamentary capacity which occurs when the person was not of sound mind when making the will
Fraud or forceful influence from external parties
Lack of formal processes needed for a will to be valid (e.g., the will was not correctly signed or witnessed)
Lack of reasonable financial provision for certain parties who were supposed to receive inheritance

A litigation solicitor can help you better understand why and how you can contest a will.

What Evidence Do I Need to Challenge a Will?

The evidence required depends on the grounds you are basing your litigation on. It may include medical records, solicitor or will executor correspondence, witness statements, and the analysis of handwritten documents, signatures, and notes. You may be asked to also provide financial documents that show that you were reliant on the deceased.

Do I Have to Go to Court to Contest a Will?

Some disputes can be resolved through negotiation or mediation, often with the support of experienced solicitors. However, if the parties cannot agree, you may need to go to court for a judge to decide.

How Long Will It Take?

Simple cases may settle in a few months, especially if the agreements occur out of court. More complex situations or when the parties proceed to trial, can take a year or longer.

Litigation Advice & Support From Caversham Solicitors

Contesting a will is never straightforward, but with the right support and legal expertise, you can navigate this process with confidence. Contact Caversham Solicitors today to discuss your litigation requirements and find expert support throughout the journey to safeguarding your rights.

Who Can Contest a Will in the UK?