Wills may only be contested based on specific legal grounds, although there are other reasons why a dispute may arise. Many such cases are best resolved through negotiation - even if there are legal grounds for the challenge, the result of successfully contesting a will may be that the document is deemed invalid and overturned. If this happens, any previous wills must then be used to manage the estate and, if there are none, it will be distributed according to the rules of intestacy.
The legal grounds are generally based on the validity of the will, rather than its perceived fairness. They include:
- Lack of testamentary capacity: to be valid, the person making the will must be of sound mind and have the necessary mental capacity. This means they must understand what a will is and what it's for, the extent of their assets (their estate), and the implications of including or excluding certain beneficiaries. Often, conditions such as dementia or mental health issues can put one’s capacity into question.
- Undue influence: a will can be contested if someone is suspected of coercing or pressuring the testator into making decisions that they would not have made independently. This may be a family member, a carer or someone else who applied pressure to the person making the will in order to benefit from it.
- Improper execution: in the UK, wills must comply with the Wills Act 1837. There are a series of formal requirements that must be met in writing a valid will:
- The will must be in writing.
- It must be signed by the testator in the presence of two witnesses.
- The witnesses must also sign the will in the presence of the testator.
Failure to meet these requirements may affect the will's validity, although the introduction of video witnessing during the COVID-19 pandemic has introduced new complications into this process.
- Fraud or forgery: a will may be contested if it is believed to have been forged or fraudulently altered.
Even if a will is valid, certain people can contest it if they believe it fails to make reasonable financial provision for them. They can do this through Claims under the Inheritance (Provision for Family and Dependants) Act 1975. Spouses, civil partners, children and other people who were financially dependent on the deceased may be eligible to make an Inheritance Act claim.