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It’s important to understand the difference between contesting a Will and seeking provision from a Will. Contesting a Will challenges its validity, while seeking provision claims a share under the Inheritance (Provision for Family and Dependants) Act 1975.
Reasons for contesting a Will:
- The deceased did not understand the Will’s contents due to mental illness or old age
- The deceased did not know or approve the Will’s contents
- Issues with signatures or witnessing
- Unclear wording or intention
- Influence or pressure in making the Will
- Marks on the Will indicating possible revocation
- Existence of later Wills
Challenging a professionally drawn Will may be more difficult, as experts take steps to minimise risks. Wills created by non-experts or using self-help kits are more susceptible to being contested.
Contesting a Will aims to have it declared invalid. If successful, an earlier Will may be reinstated, or the laws of intestacy will apply if no previous Will exists.
If you have doubts about a Will, our experts can provide informed advice on any potential claims.
Losing a loved one is always difficult. Discovering their Will is not as you expected can add to the distress.