The price isn’t right – the real reasons for contested wills in the UK
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Forbes Solicitors investigate the true cost of contesting a will & the reasons why
- Forbes Solicitors uncover the total number of adults in the UK without a will, the number of contested wills and how contesting wills is on the rise
- On average, in the UK, 60% of adults do not have a will
- The number of contested wills cases has risen in the UK by 860% since 2005
Having a well-thought-out will in place allows you to make essential provisions for the care and wellbeing of family and loved ones. But what happens when spouses, children or people named in the will believe there is a problem?
Of course there are lots of factors to consider, but if a sibling or named relative decides to contest a will, it’s important to understand why and how a will can be overturned under probate laws. There are five common reasons why a person would contest a will. If you want to find out more about wills or the probate process that happens after a person dies, take Forbes Solicitors wills and probate quiz.
- Lack of mental capacity
If the person making a will believes they did not have the requisite mental capacity to approve the terms of the will, then the will is not valid. This means the will may be invalid.
- Lack of knowledge and approval of the terms of a will
Particularly relevant when English is not the first language, if the terms and contents of the will are not understood or approved at the time of the will being made, it can be challenged and classed as no longer valid.
- Undue influence
If a person is forced into making a will or the will was made at a time when they were particularly vulnerable, the will is invalid and deemed to be ‘undue influence’.
- Fraud and forgery
If a will or signature is forged, the will is not seen as valid. Handwriting experts are often asked to provide evidence of forgery.
- The will not being properly executed
Problems can arise if a will has not been prepared correctly. It could be considered invalid if, for example, it is not in writing or it has not been signed.
For more information on contesting a will and how to make a claim, find a full breakdown of inheritance rows and how probate application works on the Forbes Solicitors website here.
ENDS