Will Disputes

A will can be contested in several ways: it is possible that it does not comply with the formalities for creating a will (perhaps it is not signed or witnessed correctly). It could be forged. Alternatively a will could be challenged on the grounds of undue influence, lack of knowledge and approval, or lack of testamentary capacity.

Even if the will is valid, it may be that the division of the deceased’s assets can be altered by a claim under the Inheritance (Provision for Family and Dependants) Act 1975 or by a constructive trust or proprietary estoppel claim.

If a will is found to be invalid, the estate will be distributed in accordance with an earlier valid will and if there is no earlier will, the intestacy rules. Before bringing a will validity claim, it is therefore very important to consider the potential effect on the entitlement to the estate should the claim succeed.

It is difficult to say how much the total cost of a will dispute will be as it will depend upon what work needs to be undertaken to conclude the matter and how the other parties deal with the claim.

The overall cost of court proceedings can vary from a few thousand pounds to many tens of thousands of pounds. Depending on the circumstances of the case, we generally always try and settle our clients’ cases outside of court to keep costs to a minimum for our clients. This also means our clients have as much control as they can over any settlement reached.

Depending on the circumstances of your case, we may be able to offer you various funding options, such as "no win, no fee" or a deferred payment arrangement.

A person must be free to make their will voluntarily. If it is found that they were forced into signing a will or undue pressure was put on them, the will is invalid.

Fraud can best be described as the deliberate or intentional use of misrepresentation, deception or dishonesty to deprive, in order to make a gain or achieve an advantage for someone or something or to disadvantage or cause loss (usually financial) to another person. If the true intentions of the testator are not contained within their will, it may be possible to challenge the will on the grounds of fraud. There are many ways in which a will can be fraudulent. For example:

• Where the deceased's signature on the will has been forged
• Where the beneficiaries have made false representations to influence the testator to make a will in certain terms (this is known as fraudulent calumny)
• Where the last will has been deliberately destroyed
• Where the will’s content has been changed without the knowledge or consent of the testator
• Where the deceased was tricked into signing a document not knowing that it was a will

It is for the person contesting the will to prove it is invalid because it is fraudulent.  

Contesting a will on the basis of fraud is difficult, not least because the key witness, the deceased, is not alive to give evidence, but also because an allegation of fraud is a very serious one to make and as such the burden of proof is harder to discharge.  It is therefore very important to seek an assessment of the merits of the claim as soon as possible.

There are no time limits for contesting a fraudulent will, but you should not delay in seeking legal advice as soon as possible as steps may need to be taken urgently to protect the assets in the estate.

If a will is found to be fraudulent, it will be declared invalid. If the testator had an earlier valid will, then the estate will be distributed in accordance with that will. If there is no an earlier valid will, the estate will be distributed in accordance with the intestacy rules.

There are no time limits for contesting a fraudulent will but you should not delay in seeking legal advice as soon as possible as steps may need to be taken urgently to protect the assets in the estate.

If you would like advice on fraudulent wills, or indeed on any other inheritance or trust dispute, please contact our Disputed Wills and Trusts Team on freephone 0800 0931336, or by email willdisputes@ashfords.co.uk for a no obligation chat to see how we can help you.