After someone you care for dies, dealing with that person’s will can be an emotionally overwhelming experience. But what if you suspect the will does not accords with their real wishes? Or maybe you were left out completely. Contesting a will is something that crosses a lot of people’s minds but can you really challenge a will?
In this guide, I’m going to explain everything you need to know about contesting a will in the UK, your rights, the reasons that you can contest the validity of a will, and the process you will get you caught in.
What Does Contesting a Will Abingdon-on-Thames Mean?
Contesting a will is the act of raising objections to the legal validity and the equity of someone’s last will and testament, after death. People typically consider challenging a will if they believe:
- The will does not reflect the deceased’s true wishes.
- There was undue influence or coercion involved.
- There are suspicious circumstances around the will’s preparation or signing.
- They were unfairly excluded as dependants.
These concerns are more common than people think, and knowing your options when challenging a will can save you from emotional stress and financial loss later.
Why Do People Consider Challenging a Will Abingdon-on-Thames?
Many people searching for information on challenging a will are driven by deep emotional reasons. Losing a loved one is hard enough, and feeling betrayed or left out adds to the pain. Some common customer concerns include:
- “My father promised me part of his estate, but the will says otherwise.”
- “My mother changed her will suddenly before passing away under my sibling’s care.”
- “I took care of my aunt for years but she left everything to charity. Can I challenge her will?”
If these scenarios feel familiar, you are not alone. Thousands of people in the UK explore challenging a will each year.
Who Can Challenge a Will Abingdon-on-Thames?
Not everyone can challenge a will. Under the Inheritance (Provision for Family and Dependants) Act 1975, the following people usually have grounds for challenging a will:
- A spouse or civil partner
- A former spouse or civil partner (if not remarried)
- Children, including adopted or stepchildren treated as family
- Anyone financially dependent on the deceased
- Someone treated as a child of the deceased’s family
If you fall into one of these categories, you may have a legal basis for challenging a will if you feel reasonable provision has not been made for you.
What Are the Legal Grounds for Challenging a Will?
Here are the main legal reasons people use when challenging a Will:
1. Lack of Testamentary Capacity
Did your loved one truly understand:
- What they were signing?
- The extent of their estate?
- Who might logically inherit it?
If they suffered from dementia, severe mental health issues, or confusion, you may have a case.
2. Lack of Valid Execution
Under the Wills Act 1837, for a Will to be valid, it must be:
- In writing
- Signed by the testator
- Witnessed by two people present at the same time
If these strict rules weren’t followed, challenging a Will could succeed.
3. Undue Influence
Did someone pressure, threaten, or manipulate the deceased into making a Will in their favour? Undue influence is difficult to prove but a powerful ground for challenging a Will.
4. Fraud or Forgery
If the signature or content is forged, or the Will was switched or altered fraudulently, courts take this extremely seriously.
5. Lack of Knowledge and Approval
If the deceased did not read or understand the Will before signing it, you can challenge it under this ground.
6. Inheritance Act Claims
If you were financially dependent on the deceased but were left out or inadequately provided for, you can claim under the 1975 Act.
How Do You Start Challenging a Will Abingdon-on-Thames?
Step 1: Seek Specialist Legal Advice
Before challenging a will, speak to an experienced solicitor specialising in contentious probate. They will review the will, evidence, and your situation to advise on the strength of your claim.
Step 2: Gather Evidence
This includes medical records, solicitor notes, financial records, and any communication that supports your reasons for challenging the will.
Step 3: Enter a Caveat (if needed)
A caveat prevents the probate process from completing while you investigate your claim. It can be a useful legal tool when challenging a will, but it should be used strategically to avoid unnecessary costs.
Step 4: Attempt Mediation
Most will disputes settle out of court through mediation, which is often less stressful, quicker, and cheaper than court proceedings. At Will 4 Less, we always recommend exploring mediation first when challenging a will.
Step 5: Court Proceedings
If mediation fails, your solicitor may issue court proceedings to formally contest the will. This can be a lengthy and costly process, but sometimes it is necessary to achieve justice.
What Are the Risks of Challenging a Will Abingdon-on-Thames?
Challenging a will is emotionally and financially taxing. You must be prepared for:
- Family tensions and breakdowns in relationships
- Legal fees if your claim is unsuccessful
- Potential court costs if ordered to pay the other side’s fees
However, for many, the emotional need for justice outweighs these risks.
Is Challenging a Will Worth It?
This is one of the most searched questions online. Challenging a will can be emotionally draining, financially costly, and time-consuming. However, if you have strong evidence and feel deeply wronged or excluded unfairly, pursuing a challenge can bring closure, justice, and rightful provision for you and your family.
Before proceeding, consider:
- The strength of your legal grounds
- Potential family relationships impact
- Legal costs and funding options (some solicitors offer no-win-no-fee arrangements)
- Emotional readiness for conflict resolution
How Much Does Challenging a Will Abingdon-on-Thames Cost?
The cost of challenging a Will varies based on:
- Complexity of the case
- Amount of evidence needed
- Whether it goes to court
On average, costs range from £10,000 to £50,000, but can rise significantly if the case is contested heavily in court. Some firms offer ‘no win no fee’ options, but always check terms carefully.
What Happens If Your Challenge Is Successful?
If your challenging a will case succeeds, the court may:
- Set aside the entire will
- Amend it to reflect rightful provision under the Inheritance Act
- Reinstate a previous valid will
- Distribute assets according to intestacy rules if no valid will remains
What If Your Challenge Fails?
If your case is dismissed, you may be ordered to pay the other party’s legal costs in addition to your own. This is why it’s crucial to seek legal advice early to assess the likelihood of success before challenging a will.
Final Thoughts: Is Challenging a Will Abingdon-on-Thames Worth It?
Challenging a will is not just a legal action – it is an emotional journey. It is about seeking fairness and clarity when you feel something is deeply wrong. While the process can be daunting, knowing your rights and understanding the law gives you the confidence to make the right choice for yourself and your family.
If you are considering challenging a will, our team at Will 4 Less is here to guide you every step of the way with compassion and expertise. We will review your case thoroughly, explain your options in plain English, and stand beside you through every stage.