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When Can a Will Be Contested?

A Will can be legally challenged when someone believes it is invalid or that it fails to make reasonable financial provision under the law. Contests usually arise from family disputes, unexpected exclusions, or concerns around how the Will was made.

Common legal grounds for contesting a Will:

  1. Lack of testamentary capacity: The testator did not have the mental capacity to understand: 
    • That they were making a will.
    • What assets they owned.
    • Who they should reasonably be expected to cater for.
    • The legal effect of the will.
  2. Inheritance (Provision for Family and Dependants) Act 1975: Even if a will is valid, certain people can challenge the distribution on the grounds that it fails to make reasonable financial provision. This may include:
    • Spouses and civil partners.
    • Former spouses or civil partners (if not remarried).
    • Cohabiting partners (2+ years).
    • Children (including adult or dependent stepchildren)
    • Anyone financially maintained by the deceased.
  3. Lack of valid execution: The will wasn't properly signed or witnessed in line with the Wills Act 1837:
    • Not signed by the testator.
    • Not witnessed by two people present at the same time.
  4. Undue influence: The testator was coerced or pressured into making the will in a way that doesn't reflect their true wishes.
  5. Fraud or forgery: The will is not genuine, for example:
    • The signature was forged.
    • Pages were swapped or altered.
    • The testator was tricked or misled into signing.

Larke v Nugus (1979)

This case set the standard for how professionals must cooperate when a will is contested. If a will is challenged, the person or firm who prepared it may receive a Larke v Nugus request. This is a request for:

  • A statement of the circumstances surrounding the preparation of the will.
  • Information on how capacity and instructions were assessed.
  • Copies of any notes, attendance records, correspondence, or related documents.

Our instructions and attendance notes may be called upon by the courts if a will is ever contested. Always ensure notes are clear, objective, and detailed, especially when dealing with elderly, vulnerable, or high-risk clients.