Contesting a Will - Will Disputes

Due to the complexity of family relationships in society today Wills disputes are becoming more and more common place. It is no surprise when the largest asset in someone's estate is often the family home, and the value of that family home has increased significantly through the testator's lifetime, more family members are becoming more and more disappointed by their share in the estate that there is an increase in volume of challenging Wills or making applications for support from the deceased relatives estate.

There are many circumstances that could arise that would lead to a Wills disputes. It may be because close family members to the deceased has been excluded from the Will, which would mean that they could make a claim on the deceased estate. In England and Wales, the Inheritance (Provision for Family and Dependants) Act 1975 ensures that certain people who are financially dependent on the deceased prior to their death are subsequently provided for. The people that can make a claim are your spouse or civil partner, a former spouse or civil partner (unless they have remarried or entered into a new civil partnership), a person who has been living with the deceased as their spouse or civil partner for two years before the deceased death, the deceased children or those who you treat as your children or other dependents.

The main Wills disputes are as follows: arguments about legacies/beneficiaries; challenges to a Will based on a person's testamentary capacity to make it; challenges to a Will based on coercion or undue influence of the testator; challenges to a Will based upon a testator's knowledge and approval of his Will; claims for financial maintenance from an estate; disputes between executors and beneficiaries; removal of executors; rectification of Wills where there has been a drafting mistake; and actions to set aside a Will.

Following from these points it is very important that you hire a specialist solicitor is Wills and probate to contest the Will. A probate solicitor is generally considered to be non-contentious as the majority of their work involves drafting Wills and trusts with no real need to visit the County Court or High Court and when such events do arise that court action is required, the Wills and probate department in a firm will often transfer the more difficult cases to a litigation department to take over. Unfortunately though, a litigation department may not have very much experience in Wills disputes so it is wise to choose a firm that has litigation experience in this area.