Contesting a Will: A guide to the standard reasons

dispute will

According to a survey commissioned by the life insurance company Direct Line, a quarter of British adults are now willing to challenge a relative's Will in Court if they do not agree with the terms of the Will.

In 2017, 8,159 caveats were entered in as contested Probate cases (this prevents Probate from being granted and the estate administered). The figure rose by 6% in 2018.

Direct Line says that caveats are being registered over whether or not a Will is legal, if the person who died had the capacity to make the Will and whether the person who applied for the Grant of Probate was the correct person to be doing so.

The seven most successful grounds for contesting a Will were found by Direct Line to be:

  1. Lack of knowledge and approval;
  2. Testamentary capacity;
  3. Rectification and construction claims;
  4. Provision for family and dependents;
  5. Lack of valid execution;
  6. Forged signatures and forged Wills;
  7. Undue influence.

With the most common type of families being the co-habitee families’ inheritance is becoming increasingly likely either by a co-habitee who has not been provided for under the terms of the Will, a spouse or children or step-children.

By seeking the advice of one of our team at Cunningtons you can ensure that you are providing for those who you need to or wish to and we will ensure you have full knowledge and approval of the contents of the Will.

We will also be able to confirm your testamentary capacity and that there has been no undue influence placed on you to execute the Will.

We will of course also confirm your identity and oversee the execution of your Will so you can ensure it has been validly executed.

For more information please This email address is being protected from spambots. You need JavaScript enabled to view it. at Cunningtons Solicitors on 01376 567280 or This email address is being protected from spambots. You need JavaScript enabled to view it.

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The Senior Partner at Cunningtons’ Braintree office is David Drake. Paul Fenton is the Joint Managing Partner. He, along with Johanna Withams are the residential conveyancing partners at the Braintree practice. They are supported by qualified Solicitors and Licenced Conveyancers.

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