What grounds are there for challenging a Will?

Sometimes cases can arise where someone passes away, and the content of their Will may appear surprising, or not what was expected. Again, sometimes this can lead to disputes over the Will and the possibility of it being challenged. Broadly speaking, the possible grounds for challenging, and Will are as follows: –

• The Will is either invalid or is not in fact a Will. For a Will to be valid, it must be properly signed (usually at the end) in the presence of two witnesses. The Will must be dated.

• The person making the wall must have had mental capacity and understand what they were doing when they made the Will. If someone signs will, when they have doubtful mental capacity, then it is unlikely to be valid.

• If someone was placed under what is called “undue influence“ potentially the Will may be invalid. This might be because someone was put under pressure to make their Will in a certain way.

• It is also possible to bring a challenge to a Will under the Inheritance (Provision for Family and Dependents) Act 1975, whereby a disappointed beneficiary could make a claim within six months of the Grant of Probate issuing for a lack of reasonable financial provision from an estate. A simple example might be where a child has been “cut out” of their parent’s Will and then seeks to bring a claim against the estate to be included as a beneficiary or improve the benefit they take.