Contesting a will

A Will reflects the wishes of a person upon their death.

Often, when the Will is read, the contents of the Will come as a surprise to family and friends with the instant reaction being to contest it.

Many people assume that they want to contest a Will when often what they really want to do is to ask for financial provision to be made for them because either none such provision has been made or insufficient provision has been made.

In helping you decide which what you are seeking to do, consider the following:

If you believe that the Will is wrong because of lack of formality, you will need to consider disputing the validity of a Will, for example

  • Lack of mental capacity of Testator
  • No witnesses
  • Unclear wording
  • Undue influence

If the Will is valid, but you have been left out, then you need to consider making a claim for financial provision under the Inheritance (Provision for family and dependants) Act 1975, for example:

  • Inadequate provision made for you
  • No provision made for you
  • You were financially dependant on the deceased