Reasons For Contesting a Will
Family members may want to contest a will if it does not meet their expectations. This is referred to as contesting a will, and instead of going to court, it is often resolved through mediation. However, you can hire a lawyer to help you take the matter to court if mediation fails to produce a mutually agreeable solution. This blog looks at the typical causes of will disputes.
For more details on the legal grounds and process, see Can a will be contested? on the Probate London help centre. :contentReference[oaicite:0]{index=0}
On What Grounds Can Wills Be Contested?
Lack of Capacity
When drafting a will, a person must be mentally capable of understanding all aspects of the process and its consequences, as well as the property they are distributing and the claims they give effect to. Additionally, they must not have a mental illness that impairs judgement (dementia, for instance).
Although it may be obvious when someone lacks the necessary mental capacity, it is not necessarily obvious when they do. Although this may be contested, the early stages of dementia may indicate that the person still has mental competence at the time of creating the will.
Arguments About Property
In an estate, disagreements over the property are not uncommon. These kinds of disputes, in which beneficiaries differ about property and what should happen to it, are often handled by lawyers. It is often the case that one person wants to sell the property while another does not.
Typically, beneficiaries might choose to maintain the house in the family as a property for future generations or sell it and divide the proceeds. If a deal cannot be reached, a beneficiary may occasionally choose to buy out the others. An expert valuation in this situation guarantees that everyone agrees on a reasonable price.
Influence of Coercion
This typically indicates that someone is charged with coercing, influencing, or convincing the person making the will to make decisions for their own gain or for an undesirable motive. It may occasionally be implied that one of the deceased’s relatives poisoned them against another.
This kind of lawsuit will rely on the facts and need a high degree of trustworthy evidence to be successful.
This kind of lawsuit will rely on the facts and need a high degree of trustworthy evidence to be successful. Learn about grounds for challenging a will and Inheritance Act claims. (thegazette.co.uk)
Executor Wrong-doing
If an executor is also a beneficiary, other beneficiaries may accuse them of failing to properly administer the will in their own benefit. They can claim that the executor transferred assets without authorisation or made unfair decisions that went against the deceased’s intentions.
Forensic accountants can examine this situation to determine whether improper behaviour has occurred.
This blog looks at the typical causes of will disputes. Read more about common legal reasons wills are contested in England and Wales. (jmw.co.uk)
If disputes escalate and you need specialist support, explore our Contentious probate services for wills that are contested. :contentReference[oaicite:1]{index=1}
For help with estate planning, contact Probate London on
0208 0171029.
