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There are several methods available to question the validity of a Will. These include checking if the individual who drafted the Will held the necessary mental capacity, had full knowledge and understanding of the contents and impact of the Will and was not unduly influenced or coerced into creating the document in any way.
If you have any concerns about a loved one’s Will or you are currently disputing the validity of a Will our solicitors will be able to review the Will and confirm whether it is valid and whether you potentially have a claim against its validity. If we conclude that there is a potential claim as to the validity of the Will, we will then be able to advise you on the next steps.
For expert legal guidance regarding the validity of a Will call us on 0161 696 6178 or complete our online enquiry form.
For a Will to be valid, it must comply with specific formalities. These include the following:
Although it is generally assumed that a Will stands valid by law, its validity can be challenged if it fails to adhere to the criteria set out in Section 9 of the Wills Act 1837. The document should be written and either signed by the individual making the Will or by someone else under their supervision and on their instruction. The Will must be signed by the testator in the present of two witnesses, who must also sign the Will after the testator.
The most common grounds for a Will to be disputed include:
The person making the Will must have sufficient mental competence when providing instructions for a will, making any changes to their Will and when executing their will. If there are any concerns as to a person’s mental capacity around the time that they dealt with their will, it may be possible to challenge the validity of the will.
When making a will, a person must be free to make their Will voluntarily and must not be forced into signing a Will. They also must not be influenced into including certain people, or making certain gifts, as a result of pressures from other parties. If you do not believe that a will accurately reflects a person’s true wishes and intentions, and that this was due to the influence of another person, it may be possible to challenge the validity of the will.
A will is considered to have been invalidly executed if the Will is not duly signed by the testator, if the witnesses did not sign the Will at the same time as the testator or if it was not witnessed by two witnesses at all.
If you have any concern as to whether a will was properly executed, we can conduct investigations into this and provide you with advice on the execution of the will.
When making a Will, the testator must understand and approve the contents of the Will as well as having a firm understanding of their estate value and assets, and how the terms of their Will would distribute such assets.
If you suspect that the deceased did not have a full understanding of their will, or the effect it would have, it may be possible to claim that they did not have the requisite knowledge and approval for the will to be valid.
There are a number of examples of fraudulent Will cases, including (but not limited to):
If you suspect that there may have been some fraudulent activity surrounding a will, we can carry out investigations into the matter and provide you with advice on the options available to you.
If you are looking to challenge the validity of a will, we recommend entering a caveat against the estate, if probate has not yet been granted. A caveat stops probate being granted or letters of administration being issued. This means that the estate is ‘frozen’ and cannot be administered or distributed. A caveat is not appropriate for Inheritance Act claims and should not be used in such a circumstance.
Alternatively, if you are an executor or beneficiary of an estate that has a caveat entered against it, and would like for it to be removed as you do not believe that it is appropriate, we can help you with this by entering a warning.
If you are in need to any advice, or action, in relation to a caveat, please do get in touch and we will be able to help you.
It is important to ensure your Will is enforceable and that it accurately expresses your wishes. If you need to draft a will, or amend or replace your current will, get in touch with our will writing experts: Will writing & probate law.
If you are experiencing a dispute in regards to a Will or which to bring a claim in relation to a Will, get in touch with Stephensons today to see how we can help. You can call us on 0161 696 6178 or complete our online enquiry form and someone will contact you as soon as possible.
For a Will to be recognised as valid: it should bear your signature and be witnessed by two individuals. You ought to possess the mental clarity to create the Will and have a firm knowledge and understanding of the repercussions of doing so. Additionally, the Will should be drafted of your own free will, without any external influence or coercion.
When executing a Will, the testator must have the requisite mental capacity do so. Health and illness can negatively impact a person’s capacity and so if there are concerns as to capacity, professional advice should be sought before executing a Will as lacking capacity could deem the will invalid.
The testator not possessing the necessary knowledge and understanding of their estate and Will can also render a Will invalid. A testator must possess a firm understanding of their estate, including the nature and size of their estate and how the terms of their Will shall impact and distribute said assets.
If a testator creates or amends a Will due to external influence and it can be evidenced that the contents of their Will do not truly reflect their own wishes and intentions, the Will could be invalidated due to undue influence and coercion.
A Will can also be challenged if there are concerns as to fraud and forgery.
In the UK, once a will has been properly executed (meaning it has been correctly signed and witnessed), it remains valid indefinitely unless it is revoked or superseded by a new Will. However, various circumstances might necessitate reviewing and potentially updating a Will, such as marriages, divorces or the birth of children. It's advisable to periodically review one's Will to ensure its contents remain aligned with one's wishes.
Challenging a Will's validity in the UK can be complex as you must be able to provide clear evidence in support of the route of challenge you are pursuing, whether that be lacking mental capacity, invalid execution and so on.
For example, when challenging a Will on the basis of lacking mental capacity, it is often necessary to provide medical records to evidence the period and nature of the capacity issues.
A validity challenge is a complex pursuit and so it is always recommended to obtain legal advice as soon as possible, to ensure the appropriate steps are taken.
Yes, you can challenge the validity of a Will without a solicitor. However, such claims are complex in nature and so it is always recommended that you seek the advice and assistance of a solicitor where possible.
Contentious probate solicitor Jordan Davies provides guidance on inheritance disputes, outlining the grounds on which the validity of a Will can be challenged. Jordan also provides guidance on the categories of people who can bring a claim under the Inheritance Act 1975 due to being left without reasonable financial provision.
Jordan also explains the importance of instructing a specialist solicitor when making a claim of this nature and why Stephensons are well placed to assist you.
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