Contesting a Will

By Sarah Oakley

It is surprisingly common for individuals to make a Will that fails to make adequate financial provision for their surviving spouse/partner or family members and dependents. Often there is no alternative but to make a claim against an estate.

The validity of a Will can be challenged due to:

• Lack of testamentary capacity.
• Undue influence.
• Lack of knowledge and approval.
• Lack of valid execution.
• Fraudulence and/or fraud.

If a claim is established, the court has the power to make a wide range of orders against the estate such as a lump sum, trust or periodical payments. A successful claimant is entitled to reasonable financial provision as is necessary for maintenance or for a spouse/civil partner.

However, there are crucial steps to contesting a Will, which include the following:

• Enter a caveat at the Probate Registry.
• File a warning if a Grant of Probate has already been requested.
• Assemble evidence.
• Try mediation.
• Issue court proceedings.
• Court hearings and decisions.

In England and Wales, the time limit for contesting a Will is subject to several factors and it can be as short as six months from the Grant of Probate so it is crucial to act promptly. It is a challenging and complex process, so seeking legal advice is key.

For further information please contact Sarah Oakley at Sampson Coward on 01722 410664 or This email address is being protected from spambots. You need JavaScript enabled to view it.

 Sarah Oakley