The death of a loved one is a difficult time, and discovering that a Will does not reflect their true intentions or is perceived as unfair can add significant distress. While a testator generally has the freedom to dispose of their assets as they choose, there are specific legal grounds in England and Wales on which a Will can be challenged.
Understanding these grounds and the legal pathways available is crucial if you believe a Will is invalid or that reasonable provision has not been made for you. This article explores the common scenarios that lead to Will disputes and how such claims are handled by the Courts. For more in-depth information on when and who can challenge a will, you can visit our dedicated resource.
The Randall Case: A Precedent for Challenging Forged Wills
A landmark case involving Mr. Randall and his former mother-in-law’s estate recently highlighted a crucial aspect of challenging a Will. Following their divorce, Mrs. Randall had agreed that any inheritance exceeding £100,000 from her mother would be shared equally with her former husband. However, upon her mother’s passing in 2013, the Will left exactly £100,000 to Mrs. Randall, with the remaining £150,000 bequeathed to her grandchildren.
Mr. Randall, who received nothing from the estate, initiated legal proceedings, alleging that the Will had been forged specifically to circumvent their divorce settlement. The Court of Appeal ruled that if a Will were indeed forged to defeat a divorce agreement, the affected party should have the right to challenge it. This decision allowed Mr. Randall to proceed with his claim, underscoring the Courts’ willingness to address such serious allegations.
Primary Ways to Challenge a Will in England and Wales
There are several distinct legal avenues for contesting a Will in England and Wales, each with its own criteria and requirements.
1. Claims Under the Inheritance (Provision for Family & Dependants) Act 1975
While individuals generally have testamentary freedom, the Inheritance (Provision for Family & Dependants) Act 1975 provides a mechanism for certain categories of people to make a claim against an estate if they feel that the Will (or the rules of intestacy) does not make “reasonable financial provision” for them. This Act is not about challenging the validity of the Will itself, but rather about seeking a different distribution of the estate based on need and relationship.
The persons who can bring a claim under this Act must fall within specific categories, which commonly include:
- Spouses or Civil Partners: Including former spouses/civil partners who have not remarried.
- Children: Including adult children, adopted children, and sometimes step-children.
- Cohabiting Partners: Those who have lived with the deceased for at least two years immediately before the death, as if married or in a civil partnership.
- Dependants: Any person who was being maintained, wholly or partly, by the deceased immediately before their death.
The Court will assess each claim on its individual facts, considering factors such as the financial needs and resources of the applicant, the financial needs and resources of other beneficiaries, the deceased’s obligations and responsibilities, and the size and nature of the estate.
2. Challenging the Validity of the Will
Beyond claims for financial provision, a Will can be challenged on fundamental grounds that question its legal validity. If successful, such a challenge can render the entire Will (or parts of it) invalid, leading to an earlier valid Will taking effect or, if no such Will exists, the estate being distributed under the rules of intestacy.
The main grounds for challenging a Will’s validity include:
a. Lack of Testamentary Capacity
For a Will to be valid, the testator (the person making the Will) must have had the mental capacity to do so at the time it was made. This is often referred to as “testamentary capacity” and is assessed by considering if the testator:
- Understood that they are making a Will and its implications.
- Knew the nature and value of their estate.
- Understood the consequences of including or excluding certain individuals from their Will.
- Was not suffering from any “disorder of mind” or delusion that could influence their views or distort their understanding.
Challenges based on lack of capacity often involve obtaining medical evidence and witness statements to prove the testator’s mental state at the time the Will was executed.
b. Lack of Knowledge and Approval
Even if a testator had testamentary capacity, they must also have known and approved the contents of the Will they were signing. This means they must have understood what was written in the Will and genuinely intended for those provisions to take effect. A Will could be challenged on this basis if there is evidence to suggest, for example, that the testator signed the Will without reading it, was too frail or ill to comprehend its contents, or was misled about what they were signing. This ground is particularly relevant in cases where the Will differs significantly from previous intentions or if the testator was vulnerable.
c. Improper Execution
The Wills Act 1837 sets out strict formalities for a Will to be legally valid in England and Wales. These include:
It must be in writing.
It must be signed by the testator (or by someone else in their presence and under their direction).
The signature must be made or acknowledged by the testator in the presence of two or more witnesses present at the same time.
Each witness must attest and sign the Will in the presence of the testator (though not necessarily in the presence of each other).
If these formalities are not strictly adhered to, the Will, or parts of it, may be deemed invalid. For example, if a beneficiary acts as a witness, they would lose their entitlement under the Will. Issues with execution can sometimes arise from the use of unregulated will writers; learn more about the risks: Rogue Will Writers.
d. Undue Influence, Coercion, or Duress
This ground arises when a testator is pressured or manipulated into making a Will that does not reflect their true wishes. Undue influence means that the testator’s own free will was overcome by another person’s influence, leading to a disposition they would not have otherwise made. It is important to note that influence in itself is not enough; it must be “undue” and amount to coercion. Proving undue influence can be challenging, as it often occurs covertly. Courts look for evidence of mental pressure, threats, or manipulation, particularly where the testator was vulnerable due to age, illness, or dependency.
Common Will Disputes and How to Avoid Them
Will disputes are unfortunately on the rise. Factors such as increasingly complex family structures, greater awareness of legal rights, and assets held digitally contribute to this trend. To learn more about this, read: Will Disputes on the Rise.
It is crucial to note that simply believing a Will is “unfair” does not automatically provide grounds for a challenge. The burden of proof for any claim rests firmly on the person bringing the challenge. Each case is assessed on its unique facts and merits. Regularly reviewing and updating your Will can prevent many common disputes: How Often Should You Update Your Will?
Seeking Expert Legal Guidance
Contesting a Will is a complex area of law, requiring specialist knowledge and experience. If you are considering challenging a Will, or if you are an executor defending an estate against a claim, seeking prompt legal advice is essential. Our Will, Estate, and Disputes team at Gorvins has extensive experience in handling contentious probate matters and can assess the merits of your potential claim or defence.
Please call 0161 930 5151 or send your query to enquiries@gorvins.com and we will get straight back in touch with you.