Contesting a Will in the UK

The cost to contest a Will depends on:

• The type of dispute
• The evidence available
• The number of parties who are involved in the dispute
• Whether the parties are willing to negotiate – sadly parties often adopt entrenched positions in such matters

During a Will dispute, each person or party is responsible for paying their own costs.

There are a number of possible time limits in probate and inheritance claims, which will depend upon the individual circumstances of each case.

• Inheritance Act claim: 6 months from the date of grant
• Rectification claims: 6 months from the date of grant
• Beneficiary making a claim against a Will: 12 years from date of death
• Fraud/claiming against an executor for appropriating estate assets: No time limits applies

Not everyone can contest a Will, only people who would be personally and financially affected by the Will. So, a grandchild can contest a Will.

Stepchildren can contest a Will if they are named beneficiaries of a prior Will.

A Will will name certain individuals to act as executors and as personal representatives. It's their obligation to carry out the wishes of the deceased in administering the estate. If they don't do so, then you may wish to apply to have them removed or replaced.

Perhaps the most difficult question to answer is how long it will take to challenge a Will, because that would depend on the nature of the challenge. You may be looking at getting medical records, if there is issue of capacity, a Will writers file taking witness statements, but once you've started court process, then you are looking between 12 to 18 months.

It is generally the case that each party will be responsible for his/her own costs during the course of any litigation. At the end of the case a Judge will decide which party should pay the cost of the litigation. The usual rule is that the losing party will pay the costs of both parties (subject to some exceptions) although on many occasions costs will be paid from the estate.

The potential liability for costs and various funding options is something that is discussed with Claimants or personal representative at the outset so that they can decide how they wish to proceed in pursuing or defending a claim.

In theory, anyone can challenge a Will, but it's usually close family members of a deceased or people who have been connected with them during their life. Often we see family members who are concerned that they've not been provided for in the Will and there are certain categories of people who are eligible to bring a claim outside of the Will, saying that they have not been provided for by that Will. And they are spouses, former spouses, children of the deceased, people who are financially dependent on them.

Most commonly claims begin with correspondence between competing parties and their lawyers. This first stage is often key to success. Setting out a claim carefully and assessing the strengths and weaknesses of the other party’s claim and early disclosure can often help resolve disputes.

In all cases we would advocate early mediation as an alternative to going to Court.  If the dispute can be ​resolved by agreement the claim will be settled more quickly, more cheaply and often in circumstances that enable the parties to obtain closure and possibly reconciliation. The vast majority of the cases are settled before trial, usually within 12-18 months.

Though you may feel unhappy or upset that you have been left out of a loved ones’ Will that doesn’t mean that you can contest a Will. However, it may be worth contesting a Will if you feel the Will is invalid or reasonable financial provision has not been made by the deceased.

A beneficiary can contest a Will.