Challenging Wills: Expert Guidance on Probate Disputes
Disputes over wills can be emotionally charged and legally complex, often involving issues that touch on family relationships, financial security, and the law. Whether you are seeking to challenge or defend a will, understanding the grounds for disputes and the legal processes involved is essential. Drawing on my extensive experience in contentious probate cases, as well as my distinction in the STEP Administration of Estates exam, I offer expert advice and representation to guide you through these sensitive matters.
Grounds for Challenging a Will
There are several legal grounds for challenging the validity of a will, all of which hinge on ensuring that the testator’s intentions were accurately captured and executed. One common issue is a failure to comply with the formalities required by the Wills Act 1837. For a will to be valid, it must be signed by the testator in the presence of two independent witnesses, who must also sign. Any deviation from these formalities can render the will invalid, raising significant questions about its legitimacy.
Another frequent area of contention is the testator’s testamentary capacity. At the time the will was made, the testator must have understood the nature of the act, the extent of their assets, and the claims others might have on their estate. Mental health conditions, such as dementia, can often form the basis for disputes. Similarly, undue influence occurs when a testator’s free will is overborne, often by someone in a position of trust. This can lead to a will that unfairly favours one beneficiary to the detriment of others.
In some cases, disputes arise over whether the testator knew and approved the contents of the will. The court will scrutinise any suspicious circumstances surrounding the preparation or signing of the document. Another, more unusual, ground for challenge is fraudulent calumny, where one beneficiary poisons the testator’s mind against another through false and malicious claims. Each of these grounds requires careful legal analysis and evidence to succeed.
How Disputes Arise
Disputes over wills frequently emerge during the administration of an estate, often when family members or other potential beneficiaries feel unfairly treated. Long-standing family tensions can come to the surface, especially if one person appears to have unduly benefited from the will. Sudden, last-minute changes to a will also raise suspicion, particularly if the changes favour a single individual or exclude close relatives. The complexity of an estate, such as when it involves multiple properties or intricate trust arrangements, can further complicate the process and give rise to disagreements.
Challenges may also occur if the will was prepared under unusual circumstances, such as during a period of significant illness or shortly before death. In such cases, the validity of the document may be questioned, particularly if there is evidence to suggest that the testator was vulnerable to influence or lacked capacity.
The Legal Process
The process of challenging or defending a will typically begins with the entry of a caveat. This prevents a grant of probate being issued while investigations into the validity of the will take place. The party seeking to prove the will must then take steps to remove the caveat, often involving initial correspondence and legal argument.
If the dispute proceeds, evidence plays a crucial role. Medical records may help establish the testator’s capacity, while witness statements can shed light on the circumstances surrounding the will’s preparation. In some cases, handwriting experts are engaged to confirm the testator’s signature. If the matter remains unresolved, court proceedings may be necessary, where the judge will determine the validity of the will based on the evidence presented.
Court proceedings can be a lengthy and costly process, but alternative dispute resolution, such as mediation, may offer a faster and less adversarial solution. Mediation can help preserve family relationships while achieving a fair resolution for all parties.
How I Can Help
As a barrister specialising in contentious probate matters, I bring a wealth of expertise and a tailored approach to each case. My experience includes successfully challenging wills on grounds such as undue influence, testamentary capacity, and want of knowledge and approval. I also have significant experience defending wills, ensuring that the deceased’s final wishes are respected and upheld.
I offer clear, pragmatic advice on the merits of a claim, whether you are challenging or defending a will. My approach balances a strong legal strategy with an understanding of the emotional toll these disputes can take. In addition to representing clients in court, I regularly assist with alternative dispute resolution methods, including negotiation and mediation, to achieve the best possible outcomes.
As a full member of STEP (Society of Trust and Estate Practitioners), I am recognised for my expertise in trust and estate matters. My distinction in the STEP Administration of Estates exam further underscores my commitment to excellence in this field.
Why Choose Me?
Challenging or defending a will requires a combination of legal knowledge, strategic thinking, and sensitivity to personal dynamics. I bring all these qualities to my practice, ensuring that my clients receive comprehensive support throughout the process. My ability to simplify complex legal concepts into clear, actionable advice ensures you can make informed decisions at every stage of your case.
Contact Me for Specialist Advice
If you are involved in a dispute over a will or the administration of an estate, expert legal guidance can make all the difference. Whether you need to challenge a will’s validity, defend its terms, or resolve a related issue, I am here to help.