6 Things You Should Know if You Want to Contest a Will

Wills are tricky, especially in the UK. On one hand, they’re a necessary means of transferring wealth and assets from the deceased to their constituents. But on the other hand, they’ve been notoriously inaccurate, easily forged, and highly contested. Worst of all, in the middle of the wild back and forth, the government does its part to find ways to tax said will. If you’re a victim of any of the above, seeking legal advice is needed. But how does one go about this? How can a person point out the unlawfulness of a will? It’s a lot easier than you think. Here are the 6 things that you should do if you want to contest a will and get back what is yours. 

1. Know You Timelines 

The first thing you have to establish is a timeline. Timelines determine your ability to move legally within the system. They keep you from playing a game of legal catch-up. The first thing to establish: is there a time limit to contest a will in England or not? From there, you can accurately predict your next few moves. Luckily for us, we know the limits. You have exactly six months from the date of the will’s issue of grants to claim maintenance under the Inheritance Act. This includes a grant of probate or a grant of letters of administration. Because of this short window, you have to act immediately. Anything in the legal world is going to take a disconcerting amount of time. Contesting a will is no different. It’s even more of a circus than usual. 

2. Caveats 

If you know ahead of time or have an inkling that you’re going to have to contest a will, you can stop the probate by issuing a caveat. To do this, you need a lot of evidence. You need to establish that there is reasonable evidence that nefarious or unjust practice was involved in the execution of the will. You can do this with a copy of the said will and other supporting documents such as medical records. It should be noted that obtaining these documents takes a lot of time, so knowing the playing field beforehand or acting as soon as humanly possible is key. Once the caveat is issued, the probate can’t be given for a period of another 6 months. That gives you time to build and establish a solid case. 

3. Fraud and Forgeries

Legacy documents have popped up that turn out to be total forgeries. These instances are a lot more common than one thinks. Oftentimes, forgeries pass for truth and asset probates are never contested. Forgery of a signature immediately renders the will invalid. It is, in the eyes of the law, a serious case of fraud. It often includes wishes against the person who has passed. The grounds for forgery and fraud, in this case, can be directed against the individual who appears to gain the most from this forgery, as well as non-beneficiary accomplices who aided in the process of obtaining a will with their interest in mind. 

4. What Makes a Will Valid?

With all this talk about what a fraudulent will is and how to contest it, what exactly does a valid will look like? Well, a valid will must comply with Section 9 of the Wills Act of 1837. Furthermore, it must fit a stringent set of criteria:

• It must be, under the strict circumstance, written or composed and signed by the individual making the will. How the individual goes about doing this is completely up to them. Special cases for those incapacitated are considered.
• It must be signed to make a will. This protects it from being hidden, somehow, underneath other pertinent documents. It’s easy to get someone who doesn’t read contracts to sign a legally binding contract—especially if one is not expecting it. 
• Two people have to be present in the composition of this will. They have to be present either when the will-maker signed it or the maker of the will explicitly tell the individuals that it is, indeed, their signature on that paper. 
• These two witnesses have to then sign a document stating that they were given the role of “witness” by the individual making the will.

All of these things together make up a valid will. Unfortunately, the Wills Act does look like it was created in 1837. There is no mention of the various ways and means that technology can affect both consent and action. Because of this, seeking legal help from a reputable firm is your best bet to establish the validity of a will. 

5. How Much Does it Cost?

The biggest barrier to contesting a will is, beyond the shadow of a doubt, cost. Like anything in life, we have to ask ourselves: “is it worth the effort?” Most of the time, the answer is a resounding “yes.” A will goes beyond monetary cost and starts dipping into legacy and sentiment. But regardless, it has to be known that the cost to contest a will, with legal fees in mind, is not insignificant. The number itself is highly variable. One can’t give an accurate estimate. This is because the amount of work involved and the amount of time it would take—documents, hearings, and retainers, is up to the legal team and the opposition. But if one were to look at the cost to get it to the stage, 10,000 GBP is a good starting number, exclusive of VAT. 

6. Who Pays?

In England, the losing party must pay for the costs of the winning party. Again, this means that estimation is difficult to calculate. Furthermore, the court could, at any time, rule that the investigation into the will should be covered, financially, by the ones pushing for the investigation. These variables are dependent on the details presented in court. 

Contesting a will may be time-consuming, but it isn’t incredibly difficult. It’s no more laborious than any other legal action. The details that bring in the clouds of stress are dealing with individuals that maybe our family and friends. But if you believe you’re in the right, and you believe you’re being taken advantage of, getting to the truth and obtaining what is rightfully yours should be your number one goal.