16 October 2024

AMD’s Martin Hall discussed the grounds for bringing a claim against the estate of a deceased person in England and Wales.
Disputes in respect of estates can arise for a number of reasons ranging from doubts about the validity of the deceased’s Will, questions about the deceased’s intention, or feeling unfairly treated or excluded from the Will.
In England and Wales, there are various legal grounds for challenging a Will or bringing a claim against an estate, the most common of which are as follows.
Lack of Valid Execution of the Will
A valid Will must be in writing, signed by the testator, and witnessed by two individuals who are present at the signing. The testator must have signed the Will with the intent of making it official. Failure to meet these requirements can lead to a challenge on the grounds of lack of valid execution.
Lack of Testamentary Capacity of the testator (the person making the Will)
Testamentary capacity refers to an individual’s ability to make a valid Will. A testator must understand the nature and effect of making the Will, be aware of the extent of their estate, know who is expected to benefit from the estate, and be free from any mental disorder that could influence their decisions. A lack of testamentary capacity at the time of drafting or executing the Will can render it invalid.
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”)
Under the 1975 Act, certain individuals including spouses, civil partners, former spouses or civil partners, cohabiting partners, children, and other dependants financially supported by the deceased, can bring a claim if they have been left out of the Will or if the provision made for them is insufficient. Claims under the 1975 Act must be made within six months of the Grant of Probate being issued.
Undue Influence
If a testator was coerced into changing their Will to benefit another party, the Will may be challenged on the grounds of undue influence. Signs of undue influence include unexpected or last-minute changes to the Will that contradict previous Wills, or changes that are detrimental to the testator or their estate and differ from previously expressed wishes.
Forgery
If a Will is found to have been forged or if the signature has been faked, the Will can be rendered invalid and may be challenged.
At AMD solicitors we understand that these kinds of disputes can be emotionally distressing and we are experienced in assisting, advising and guiding our clients through them.
If you believe you have grounds to challenge a Will, or need advice regarding an estate, then please contact us on 0117 973 3989 or email us at info@amdsolicitors.com.