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How can I challenge a Will?

 Have you been left out of a loved one’s Will? Are you concerned about the way a Will was executed?

There are actually several claims which can be made in challenge to a last Will. None are easy to prove and this article only aims to set out a general overview of the main areas to consider.

In order to make a valid Will there are several requirements. The first is that it has been executed and drawn up validly in accordance with the Wills Act 1837. This formal validity includes the fact that the Will must be in writing, signed by the Testator, the fact that there must be two witnesses and that these witnesses ought not to be beneficiaries under the Will.

Even where a Will seems valid on the face of it, there are other ways that a Will can be challenged. It is vital for the validity of a Will for the Testator to have had testamentary capacity at the time it was made. The law in this area is governed by a landmark case and is referred to as the test in Banks v Goodfellow. The test comprises of several parts. Firstly, that the testator knows that they are making a document which disposes of their estate on death, secondly that they are aware of the extent of their estate, and finally that they are aware of the people whom they ought to consider, for example family, even if they decide not to benefit them.

Other claims which can be made include that the testator was operating under the undue influence of someone at the time they made the Will which compromised their freedom to make a Will of their choosing. This influence must be strong, akin to coercion; pressure alone will not be enough.

A testator must have possessed knowledge and approval of a Will’s contents. If it can be proven that they did not have this then it shall be invalid.

The merits of any particular claim will turn very much on the individual facts in each case.

If you want to make sure of the future for your loved ones then give us a call on 01604 828282 or 01908 660966. Alternatively you can fill out our online contact form for immediate completion and send it to us. Our Wills and Probate department are always on hand to help.

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