Will disputes are becoming increasingly common for many reasons. However, such disputes can be time consuming and costly and are therefore best avoided where possible. B P Collins’ contentious probate team considers how to prevent someone contesting a will.
Can wills be contested?
Wills may be contested by any number of people and for many reasons including where there are concerns that the deceased:
- did not have mental capacity to write their will
- was forced or coerced into preparing their will in particular terms
- failed to make reasonable provision for their spouse or someone dependent on them financially
- failed to properly sign their will
or it is claimed the will is simply fraudulent.
How long do you have to contest a will?
The time you have to contest a will depends on the type of dispute. For will validity issues there is no strict limitation (the time after which the court will not allow a claim to be brought). However, if a claim is left for too long there is a risk that the estate has been distributed and the assets dissipated i.e. spent, which may mean there is little benefit to bringing the claim.
Other claims do have strict time limits. For example, as claims under the Inheritance (Provision for Family and Dependants) Act 1975 (the “1975 Act”) must be brought within 6 months of the date of the grant of probate.
If you are unsure whether your claim has a time limit, it is always advisable to seek advice from a contested probate specialist lawyer who will be able to assist you.
How to prevent someone contesting a will?
During your lifetime you may be concerned that your will may be subject to a contest. For example, if you have family members who do not get along. In that case there are steps you can take which include seeking professional advice on the terms of your will and any claims there may be against your estate and explaining the rationale for your wishes clearly in a letter of wishes.
Post-death preventing or avoiding a dispute may be more complex. If you are an executor or beneficiary of a will and do not wish for someone else (e.g. a family member) to contest it, you may not have many options. One option when faced with a will validity challenge is to apply to the court to prove the will in “solemn form” which involves asking the court to find that the will is valid and for this to be endorsed or recorded on the grant of probate. However, in many cases this may encourage someone with a dispute to put forward to the court their own arguments which may lead to a contested claim in any event.
In many cases for executors or administrators of an estate the concern may be less about a claim being brought and more about avoiding your own personal liability. In such cases you may be able to seek the court’s authority to distribute an estate or take other steps (often called a “Beddoe” or blessing application) which would avoid personal liability in the event of a later dispute.
If you are concerned that a dispute may be forthcoming, seeking advice at the earliest stage may help you assess your options.
Can I contest a will without a lawyer?
The legal system in England and Wales is designed to be accessible to the public i.e. you do not need a lawyer to contest a will. However, claims against wills can be complex and specialist, often requiring particular procedural steps and, in many cases, expert evidence. A contested probate specialist lawyer will be able to assist you with assessing your claim, putting it on the best possible footing, and with complying with the procedural requirements.
If you require advice in relation to an estate or will dispute, please contact our contentious probate lawyers at enquiries@bpcollins.co.uk or 01753 889995.
