A leading expert on Estate Planning has shared his advice on the rules around challenging a Will.
Steve Bish says queries about “something just not feeling right” following the reading of a last Will and testimony is one of the most common queries he receives.
And many people often get locked in costly and upsetting disputes because they don’t know how to best deal with the situation.
Steve, the founder of S Bish Estate Planning, said: “When a loved one passes away, it’s an emotionally challenging time for families. Grief and heartache are often compounded when the contents of a Will come as a complete shock.
“Whether you’ve been left out entirely, or something about the Will doesn’t sit right with you, you may be wondering: can I challenge this Will? The short answer is: Yes, in some cases, it is possible to challenge the validity of a Will. And if you’re feeling confused, frustrated, or upset by the situation, know that you’re not alone.”
Here Steve outlines some of the key questions people have in this area – and what his advice is.
When Can a Will Be Challenged?
There are several legal grounds upon which a Will can be challenged. Here are the key reasons, explained simply:
· Improper signing or witnessing: If the Will wasn’t signed according to legal requirements or wasn’t witnessed properly.
· Lack of mental capacity: If the deceased didn’t fully understand the Will they were signing, perhaps due to conditions like dementia or memory loss.
· Lack of approval: If the deceased was unaware of or didn’t approve of the contents of the Will.
· Undue influence: If the person was coerced, manipulated, or pressured into signing the Will.
· Forgery: If the Will was a forgery or fraudulent.
· Revocation: If the Will was revoked, such as by marriage or the creation of a newer Will.
You might also have grounds to challenge the Will if:
· There’s a clear error in the document.
· You were financially dependent on the deceased and believe you should have been provided for but were not.
Who Can Challenge a Will?
Not just anyone can challenge a Will. Generally, those with a direct interest in the estate may have grounds to make a claim, including:
· A spouse or partner
· A child or close family member
· Someone mentioned in the current or previous Will
· A person who was financially dependent on the deceased
If you’re unsure whether you have a right to challenge a Will, I can help you determine your standing.
What’s the First Step?
If you suspect something is wrong with a Will, the first step is often to file a caveat at the Probate Registry. A caveat temporarily stops the executors from obtaining the Grant of Probate for six months, essentially hitting the pause button while you gather evidence or attempt to reach a resolution.
The caveat can be extended if more time is needed. During this period, it may be possible to negotiate with the executors to reach a fair outcome, although it’s important to remember that the executors have a legal duty to act in the best interests of the beneficiaries.
Taking the Matter to Court
“In most cases, going to court is a last resort. Challenging a Will in court is a complex, lengthy, and emotionally draining process for everyone involved. For example, if the deceased had dementia, they may still have had the mental capacity to make a valid Will. To succeed in challenging it, you would need solid evidence—such as medical reports or testimonies from those close to the deceased—proving they were not in a fit state to make such decisions.
“This is where the expertise of an experienced contentious probate solicitor is crucial. I can give you an honest assessment of whether your claim is likely to succeed and explore other potential solutions.
And finally
“If something doesn’t feel right about a Will, trust your instincts. I’ve helped many clients navigate these difficult and sensitive situations. You’re not being difficult, you’re seeking fairness and clarity.
For more information, please visit www.sbishestateplanning.com.
