What Happens When a Will Is Contested? A Guide for Executors and Beneficiaries

What Does It Mean to Contest a Will?

When people talk about contesting a will, they’re often referring to two quite different legal processes.

The first is a formal challenge to the validity of the will itself. Here, someone argues that the document isn’t a true reflection of the deceased’s wishes. Perhaps it wasn’t signed correctly, or the person lacked the mental capacity to make it. If it’s successful, this type of challenge can result in the will being thrown out entirely, meaning either an earlier will takes effect or, if none exists, the estate is distributed under the rules of intestacy.

The second route is a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This doesn’t dispute that the will is valid but instead argues that it fails to make ‘reasonable financial provision’ for the person bringing the claim, such as a spouse, child, or dependant. The will can be perfectly valid and still be challenged on these grounds.

Some people wrongly believe that any unhappy beneficiary can contest a will on the basis that they feel hard done by. In reality, both routes require specific legal grounds, and the courts take a highly measured approach. Disappointment alone is never enough!

The Most Common Grounds for a Will Dispute

You will find that several recurring issues often underpin the majority of will disputes. These are:

• A lack of testamentary capacity: questioning whether the person understood what they were doing when they made the will, understood the extent of their estate, and could weigh up who might have a claim on it.
• Undue influence: where someone alleges the will-maker was coerced or pressured into making decisions that weren’t genuinely their own.
• Improper execution: the will wasn’t signed and witnessed correctly under the Wills Act 1837, which sets out strict formal requirements.
• Fraud or forgery: the will, or a signature on it, isn’t genuine.
• A lack of knowledge and approval: the testator didn’t properly understand or approve the contents of the will they signed.

Some disagreements won’t reach the legal threshold, so it’s well worth learning about these grounds so that everyone involved can gauge whether a dispute is likely to have legal substance or is unlikely to succeed.

What Happens to the Estate During a Will Dispute?

A contested will is always going to create uncertainty, and one of the first questions people want to ask is whether the estate administration can continue.

If someone wants to challenge the validity of a will, they can lodge a caveat at the Probate Registry. This is a simple, relatively inexpensive step that prevents a grant of probate being issued for six months (renewable), effectively pausing the process while the dispute is resolved. It doesn’t require court proceedings to be started immediately, but it does stop executors from formally administering the estate in the meantime.

Where a claim is brought under the 1975 Act, probate can often proceed as normal, but executors should be cautious about distributing assets until the claim is resolved, as they could be personally liable if they distribute prematurely. The timeframe involved can differ a lot from case to case.

Steps Executors and Beneficiaries Should Take

If you are involved in a will dispute, whether as an executor or a beneficiary, there are some practical steps that can help to protect your position:

• Seek legal advice early. Disputes often become more complicated and costly the longer they’re left unaddressed.
• Preserve evidence. Keep hold of correspondence, medical records, previous wills, and any notes relating to how the will was prepared.
• Avoid distributing assets prematurely if you’re an executor and a dispute is live or anticipated.
• Understand your duties. Executors have a duty to act impartially and in the best interests of the estate, not to take sides.
• Consider mediation. Many disputes are resolved without going to court, saving time, cost, and family relationships.

It can make a big difference to how smoothly, and how amicably, a will dispute is resolved if you are proactive in all of these steps.

Expert Will Writing from Thames Valley Wills

Dealing with a contested will can be stressful, whichever side of the dispute you’re on. Thames Valley Wills offers clear, compassionate guidance through every step of the process. Get in touch today to discuss your situation.