Losing a family member leads to a very distressing time. Particularly if you then find out that you have been left out of their will. Challenging a will, hence, takes that level of distress even higher.

Therefore, this may mean that you will need to contest their last will and testament. Here are some of the main queries you may have when it comes to challenging a will.

Who Can Challenge a Will?

• Blood relatives. These are the people most likely to contest a will.
• A spouse. This is true regardless of whether they are still in marriage to or split from the testator. If the marriage to the testator remains intact, they have the right to challenge the will.
• A creditor. This is if the testator’s estate owes a creditor money.
• A beneficiary. This can be someone in an earlier will.
• An individual who relies on the testator. This can be through financial support or accommodation.
• An individual who receives a promise to an item. This could be a verbal or written agreement between the testator and the individual. Then, a challenge can be made if the agreement wasn’t set in the will.

Why Might Someone Be Challenging a Will?

There are a variety of reasons, both legal and personal, why someone is challenging a will.

For example, a person might contest a will if they feel that they receive unfair treatment. Therefore, they would be challenging the will as a matter of principle. As part of this, they may also feel that they know the testator’s intentions. More importantly, they feel as though the will doesn’t speak adequately enough to those intentions.

In order to prove this, the person would need to show that they had a close relationship with the testator. Again, this can be shown in a variety of ways. For example. the two are in a marriage, or a long-term relationship and cohabitation.

The legal grounds for contesting a will, meanwhile, are as follows:

• The will is invalid. For example, incorrectly made or doesn’t have signatures in the presence of two independent co-signing witnesses.
• The writer of the will isn’t mentally fit enough to be signing a legal document.
• The document or signature was forged. However, this can be very hard to prove.
• The writer of the will faces pressure/coercion into creating the will or changing an existing will.
• The will doesn’t adequately provide for those who were financially dependent upon the testator.

What Exactly Happens When You’re Challenging a Will?

In the first instance, check that the person contesting the will has the right to do so. If so, proceedings will begin for negotiation and mediation. The solicitor will seek an agreement which benefits all parties involved, in the quickest time possible and with minimal financial expenditure.

However, the best intentions of any legal parties and individuals might fall short. In fact, it may be impossible to come to an agreement during the mediation stage.

If this is the case, the issue will then be taken a step further to court, and you will adhere to a court hearing. This could include a wait of at least 12 months before an official court date, therefore this avenue is particularly time-consuming and expensive.

An affidavit will need to prepare in advance of the hearing. Moreover, a court will hear the argument and come to a resolution.

How we can help

If you are considering contesting a will, it is important to seek legal advice as soon as possible. At The Inheritance Experts, we help people who want to contest a will or trust get what is rightfully theirs.

When you call us, one of our advisors will chat through the particular circumstances of your potential claim and advise whether you may have grounds for a claim. This is done on a free, no-obligation basis.

If you proceed with your claim, we’ll match you with the firm who best suits the circumstances. Your solicitor will then collect any evidence and will begin negotiating with the other side.

If you are thinking of challenging a will and would like to know if you have grounds for a valid claim, don’t hesitate. Contact The Inheritance Experts by filling in the contact form on our website or by calling 0161 413 8763.

Contesting a will of a stepparent, in short, is a tricky matter in relation to inheritance disputes. Intestacy rules try to evolve to keep up with the parent and the step-child of the family.

It’s not uncommon nowadays for many families and children to have stepparents, and live with them, for a variety of reasons. Especially if you are a step-child who is:

• very close to their stepparent and;
• considers them as good as your biological parent for the entirety of your life

The fact is, it can be very upsetting to learn that they may have left you out of their will. Or, if they don’t give you what you feel they owe you as stepchildren.

However, as a step-child, it may be an area of uncertainty whether you have the right to contest the will of a step-parent. In fact, atypical family setups featuring non-blood relatives alone add difficulty to traditional estates.

That’s why, at The Inheritance Experts, we commit to helping you in these circumstances. Moreover, we’re here to advise the steps to take for contesting a stepparent’s will.

Circumstances around the drawing up of the will

Firstly, a will needs to have been made by an individual who has a sound mental capacity to do so. Therefore, your first step may be to evaluate your stepparent’s mental state during the time they wrote the will. Moreover, you must deduce whether they were of sound mind to do so.

Indeed, it can be very difficult to prove mental incapacity regarding the formulation of wills. But it’s a good starting point if you do believe your step-parent didn’t have the requisite mental capacity to distribute their assets accordingly.

This also applies if you suspect that the stepparent, despite being sound mind, faces undue influence from someone as they write the will. Bear in mind that much of the legislation revolves around a claim under the inheritance provision of the Family and Dependents Act 1975.

Your Legal Rights for Contesting a Will of a Stepparent

Financial provision in stepfamilies is an increasingly common scenario in the nuclear post-War era. To be sure, your legal rights aren’t as profound as those of biological children: blood relatives or direct children, as it were.

But you can contest the will of a step-parent if any of the following applies to you.

• Your step-parent made a firm promise to you that you would receive a certain asset in their will. However, this agreement isn’t made clear in their Last Will and Testament.
• In addition, if you depend financially on your step-parent. Perhaps you continue living with them after your biological mother or father dies/moves on. Or they were the sole financial providers – but these financial expectations get no coverage in the will.

What matters is the ability to establish your position. Moreover, that you prove that you were financially dependant on the step-parent in question. Therefore, by extension, they deserve a fair inheritance.

To fully understand whether your circumstances merit the need for a contesting of the will, seek sound legal advice. There are many factors worth consideration by a legal representative. Plus, there are some other considerations regarding the court, should the will contest go forth.

Seek Legal Advice for Contesting a Will of a Stepparent

• How close you were to the testator;
• The extent to which your stepparent supports you, and;
• Also, your age when the stepparent joins the family.

If you are unsure whether your circumstances apply, then don’t hesitate to contact us.

Even when the circumstances surrounding a will are as legally-compliant and straight-forward as possible, it’s still a very distressing and difficult time. Therefore, when the idea of an individual not being of sound mind is taken into account, this can make it significantly more difficult to handle. It’s consequently important to know what to do in the circumstances of an individual being unable to formulate their own will, and The Inheritance Experts are on hand to guide you every step of the way.

What Does It Mean to be ‘Not of Sound Mind’?

To be of a sound mind, a person needs to have full comprehension of their self and their situation. In providing a will, a person needs to fully understand their affairs, loved ones and possessions. In turn, they must be able to formulate a will with a complete understanding of how they’ll distribute their assets. To be of sound mind, you also need to be able to make rational decisions and judgements.

This is different from being in a state of emotional capacity. Formulating a will in the first place is never easy. But being emotional or sensitive regarding the distribution doesn’t mean you’re incapable of making a logical choice.

What Needs to Be Done in this Case?

When an individual is not of sound mind, they’re incapable of making a rational decision in regards to:

• possessions;
• finances, and/or;
• general affairs.

In turn, you should appoint a representative to make the decision on their behalf. This representative can distribute their assets accordingly and make the decision for them.

Electing an individual to this responsibility can either be a family member or friend, or a legal representative. Appointing the latter is most common due to the need for neutrality and a more analytical mindset.

Contesting a Will if you Think an Individual is Not of Sound Mind

It is possible to dispute a will if you are an external party who believes that the individual in question was non-compos mentis when they wrote their will. However, it can become very difficult to define being of a rational mind.

It’s different to making a decision which seems unexpected or nonsensical to a loved one or familiar individual. The writer of a will can make a rational and personal decision whilst also being of sound mind, even if that decision isn’t preferable to parties involved. This may be more in relation to an eccentric personality rather than a lack of rationality.

One must provide solid proof to attest that a person was not of sound mind when formulating their will. Of course, this then leads to difficulties in handling such a sensitive matter, which is why we encourage you to seek expert legal advice.

If you are unsure whether an individual is of unsound mind and require legal assistance, then don’t hesitate to contact The Inheritance Experts today.

Do you know what evidence to contest a will of a family member is most critical?

When a family member dies, it’s often a difficult grieving period for everyone who was close to them. Unfortunately, surprises in the testator’s will can cause more upset during this time. Often, some people find there are suspicious circumstances surrounding it.

No matter why you want to contest a will, you need proof to see a successful claim go through. It helps to know exactly what evidence is needed to contest a will.

So instead of searching for it, stick around and take note of these important steps.

Establishing grounds to show the evidence to contest a will

Knowing what legal grounds you stand on helps you determine if you can even contest a will in the first place. So let’s say, for instance, that you do meet the grounds necessary to contest a will. Knowing the reason why you are doing it also enables you to streamline how you collect evidence.

Here are some of the most common grounds claimants can use in order to contest a will.

The testator lacks the mental capacity to write the will

For example, if they were experiencing psychosis due to a mental health disorder.

They did not understand or approve the content of the will

Those hard of hearing, eyesight, or who dictate that someone else sign the will fall under this bracket.

Undue influence from another party

These grounds apply to when the testator faces consequential pressure to write their will a certain way.

The will doesn’t reflect a testator’s true intent

Accordingly, this is for circumstances where a will does not truly reflect the testator’s intentions.

Fraudulent Wills

Simply put, fraudulence is when benefits go to someone as a result of fraud. Moreover, you can challenge if fraud is even under suspicion, thus bringing the will itself into question.

Execution of the will violate the Wills Act 1837

Specifically, section 9 of the Wills Act 1837 is under violation in this scenario. As a result, the will becomes invalid and the estate passes under the statutory rules of intestacy.

Vital evidence to collect

Depending on which grounds you follow to contest the will, you’ll need specific evidence to back up your claims. One of the best examples is when you are contesting a will.* In this case, you will need to heavily rely on medical notes.

Witness Statements

Those present at the time of drafting and signing the will are important to determine if a will is valid. This also includes those who may have known the testator well before their own death. Examples of witnesses include**:

• Solicitors who drew up the will;
• People who witness the signing of the will;
• Those, aside from medical professionals, who can attest to the testator’s state of mind during the signing of the will;
• Family members who offer care and support for the testator before they die;
• Anyone who believes they have knowledge of the testator’s previous intentions regarding their assets.

Helpful Documents

There may be written documents the testator had written which indicate something different from what was written in their will. This is a very helpful set of evidence, particularly contentious probate.

If you find and verify such documents, they could offer valuable insight into what their true intentions were. Seek legal advice from law firms that offer no win, no fee basis for a grant of probate and contesting a will after probate services.

It could be that you find a journal entry which speaks of any undue pressure they experience to change it. Also, seek out any letters written to someone expressing their sincere wishes.

Medical Evidence to Contest a Will

As we say, evidence to contest a will depends heavily on medical notes and medical records. Frankly, medical records are some of the most overlooked but important pieces of evidence. They can prove whether or not a person was in sound mind when creating their will.

Yet, they are also a testament to the testator’s health, age, and any disabilities that may impair their ability to make a sensible decision. Collect them from doctors or other medical professionals around in the time before the testator passes. Moreover, be sure to include notes showing which kinds of medications they may have been taking.

Probate registry is not an easy time to begin with, particularly for people lacking the regular experience to challenge the validity. Turn to TIE, as we have the knowledge and approval of successful probate challenges because we know the field. From time limits to make a claim to citing any lack of testamentary capacity in the deceased, we know inheritance claims.

As it should be: because we’re The Inheritance Experts.

There may be many reasons why a family member’s will is contested.

• It may be that a family member feels subject to unfair treatment.
• Perhaps the will exists under negligent circumstances. For instance, the author of the will didn’t have the mental capacity to understand the legal document.
• Or there may be suspicions around the authenticity of the will.

Whatever the reason, will dispute are valid and involve professional inheritance solicitor’s assisting with the proceedings. Below, we review what happens if a family member’s will is contested, and how it can affect you.

Legal Rights to Dispute the Will Require Verification

When a family member’s will is contested, the person contesting will have their legal rights checked. This means a solicitor first must ensure the person has the valid right to make a will dispute. In the case of a family member, blood relations can contest a will. If it’s your family member’s will under contest by a non-blood relative, they need to be one of the following.

• First, they can be a spouse.
• Additionally, it could include a creditor.
• In all cases, the person is a beneficiary.
• Moreover, it could be an individual who relies on the testator for financial or living support.
• Finally, it could be an individual expecting something from the testator by promise, but the will doesn’t spell out. The promise varies in nature, usually: verbal or in writing.

If a non-family member is an individual contesting the will, then it will need to be an official family member who states whether they agree with the unfair treatment or not, for the dispute to proceed.

Seek Legal Advice at the Earliest Opportunity

There is a time limit on how long a will dispute can go on. With this in mind, professional solicitors advise for an individual to seek legal counsel as soon as possible to get the ball rolling.

Mediation Will Commence When a Family Member’s Will Is Contested

Once one assigns an inheritance solicitor, negotiations and mediation time begin, which can often take months. The aim is to come to an agreement satisfying all parties. In turn, dependable legal advice is crucial for this process. Moreover, it depends on the cooperation of the individuals in the process.

For example, say an individual can contest the will legally, but another party is unwilling to agree. Quite simply, the mediation time can extend even longer.

What Happens If Mediation Doesn’t Work?

If this is the case, then the dispute goes to court. The Courts will provide a date, which may include a long wait time – sometimes 12 months. No further action can be taken in the will dispute until the court date is met.

This, in turn, means a lot of extensive waiting. That waiting adds to the distress of the grieving process, especially if you seek closure on the situation.

A court hearing is also time-consuming and expensive, which is why an inheritance solicitor will always endeavour to settle and come to an agreement beforehand to avoid the need to go to court.

You must also submit a written affidavit in advance of the hearing.

What questions should you ask when challenging a will?

A will is a legally binding document through which an individual decides how they will divide their wealth and property after their death. However, it is possible to challenge wills under specific grounds if:

• Potential beneficiaries are unhappy with the result of a will, or;
• Believe that there has not been enough provision made for them.

Any Questions for Challenging a Will?

Contesting a will can be a long and complex process, and below are some of the most frequent questions we answer.

Can You Even Do it in the First Place?

Wills are legally binding documents that people write in order to ensure that their assets are divided as they wish. While this may mean that wills are not easy to challenge, it is certainly possible to do so with the right grounds and under the right circumstances.

Although challenging a will is not a regular occurrence, there have been many successful cases where upset beneficiaries can overturn a relation’s will.

How Can You Challenge a Will?

You can challenge executor of will under specific grounds. These include:

• First, if you believe that forgery took place in the signing of the will or its contents.
• Also, if you believe that the testator had a mental capacity before their death that was unfit for understanding the contents of the will.
• Third, if they were the victim of undue influence from another beneficiary while writing the will.
• Finally, you believe that the will was invalid. For example, it didn’t meet specific legal regulations.

To challenge a will, seek a solicitor who ensures you have strong enough evidence to succeed. Moreover, they can help to guide you through your options.

Who Can Challenge a Will?

Blood relations of the testator are the main category of people that can challenge a will. However, others also all have valid claims when challenging probate.

• Spouses;
• Adoptees;
• Creditors in lieu of money from the estate
• Financial dependents of the testator, and;
• Those who were previously expecting items in the will.

What Does it Cost When Challenging a Will?

The cost of the will highly depend on the length and severity of the case. However, if the case goes to court, you should expect solicitor and court fees of over £100,000.

Not only this, but if you lose the case, you may be liable to pay these. And they don’t automatically come from the contents of the estate.

Will I Need to Go To Court for Challenging a Will?

Many people opt to attempt to resolve their probate contest through mediation before going straight to court. In short, many cases find resolution in this way. Not only is this less stressful, but it can help you to maintain family relations during inheritance fights.

Mediation for probate cases includes holding a discussion between beneficiaries in an attempt to reach a resolution. The case falls under the monitoring of an impartial third party. If the case finds no resolution through this, you may have to go to court to ensure that a judge can preside over your case and balance the evidence.

What are the Time Limits for Challenging a Will?

In some cases, the time limit to contest probate is six months. However, in most cases, there is no time limit. In turn, you can contest probate many years after the assets of the will have been given away.

Upset as a beneficiary of a will? Do you think you have grounds to contest a will? If so, you may be considering who is entitled to contest a will in the first place. Contesting probate, by nature, is an extremely tough and trying process.

As a result, you must ensure that you have sufficient grounds on which to base your claim.

This guide will help anyone who is struggling to accept their part in a will as a beneficiary.

Who is Entitled to Contest a Will?

You can contest a will if you are:

• The testator’s blood relation;
• A spouse or divorcè of the testator; an official beneficiary in a previous will, or;
• Having a significant reason to expect specific terms as part of a promise by the testator before dying.

You can also contest a will if you are a creditor to whom the estate owes money. Also, if you’re financially dependent on the testator and the will didn’t make sufficient funding available to you.

Is there a time limit to contest a will?

Much of this falls down to the grant of probate. Generally speaking, you have up until:

• They grant an executor, and;
• The executor begins distributing assets according to their Final Will and Testament.

In turn, that brings us to the issue of legal costs. It can be very difficult regarding contesting a will costs after distribution occurs. However, it is possible to make a claim after probate. Ideally, to determine can you dispute a will after distribution, you need to make your claim as soon as possible.

What Grounds Can You Contest a Will on?

There are four main legal grounds on which you can contest a will, in which many different circumstances often fit. You can challenge a will if you believe that all or part of the will is a forgery. For instance, if it has a false signature.

Also, you can challenge if the will is invalid. Perhaps this is because there’s a new will or the official will doesn’t have a proper signature.

You can also contest the will if you believe that the deceased did not have the mental capacity to sign the will or understand its contents, or if you think that the will is a case of undue influence, where another beneficiary has purposefully poisoned the deceased against another recipient in order to claim more.

How Much Does it Cost to Contest a Will?

The cost of contesting a will largely depend on the individual circumstances of the case. For instance, if the case finds resolution after mediation, it’s much less expensive than if the case goes to court.

But if court proceedings are needed to settle the case, the cost for options such as the legal proceedings and solicitors can be anything above £100,000.

Who Pays to Contest a Will?

Many people believe that the estate in question will meet the costs of court proceedings and solicitors. However, this is not always the case. Accordingly, there are a few different options in terms of who will have to pay for the case. Who pays the costs of the contest?

Generally, the judges presiding over the court proceedings decide, and they are likely to fall into one of two options.

Option 1: The testator is inherently the cause of the costs of contesting a will. Accordingly, the money will come out of the estate.

Option 2: On the other hand, the court may say that the costs lie with the party responsible for their causation. For instance, those who contest a will in the first place.

What is ‘knowledge and approval’?

This area of will contesting is tricky, but ties in often with a family member/testator (the person, that is) and their own awareness. Signed and witnessed or not, financial provisions may still be at stake unless proof of their awareness of what they were doing is demonstrable.

In essence, for certain circumstances, a successful will require that the testator had:

the required knowledge to understand the contents of their will and that they approved the content.

For matters involving wills and contentious probate, turn to The Inheritance Experts. With a No Win, No Fee agreement, we can help you bring a claim to contest a will. We’ll also assist with matters of rules of intestacy, probate registry, lack of testamentary capacity and sound mind considerations.