What is the best way to contest a will?

A recent study with family law attorneys in the United Kingdom found that roughly a quarter of people would challenge a will if they disagreed with how assets were distributed. But what is the success rate in this type of lawsuit? We have gathered the data and put it into two lists: the most common and the most successful ways of contesting a will after probate in the UK (see the Appendix).

The most typical reason for contesting a will in the United Kingdom is “undue influence,” where someone has been subjected to extreme pressure to sign the will or make modifications. Unfortunately, according to legal advisors, challenging wills on the grounds of “undue influence” is tough, and petitioners are frequently unsuccessful. The claimant in a will dispute has to show that there was undue influence, which is frequently very difficult.

The most successful grounds for appealing a will are ‘lack of understanding and consent,’ where it is claimed that the decedent did not have adequate information to comprehend his/her will and that he/she disapproved of the contents. The burden of proof, in this case, is lower than that for ‘undue influence.’

Testamentary capacity is another common basis for challenging wills. Testamentary capacity, which refers to a person’s mental and legal ability to make or change their will, is frequently disputed.

The third most frequent and successful ground is for ‘rectification and construction claims. This is where a clerical mistake is made while drafting the will or when it did not properly reflect in the testator’s intentions.

Some data to consider

The number of probate lawsuits increased by approximately 6% in 2018, according to preliminary data. Before the cost of any legal fees, UK citizens spend over £160,000 each year on this procedure. There were 8,159 caveats registered to prevent a will from being granted in 2017, the standard approach for challenging a will. English residents are registering doubts about whether the will is valid, whether the deceased was of sound mind (mentally competent when the will was made), and who applied for a probate grant.

Takeaway

The study shows that individuals are increasingly disputing wills, which means that more and more Brits understand their right to choose how they’d want their property distributed, even if it appears unusual or excludes even the closest relatives. People may be shocked and hurt by the contents of a will, so they might want to talk with beneficiaries and those who believe they would inherit about how they plan to distribute their assets.

Appendix

Top 5 most common legal grounds for contesting a will in the UK:

1. Undue influence
2. Lack of knowledge and approval
3. Fraudulent wills and forged wills
4. Lack of valid execution
5. Testamentary capacity

Top 5 most successful grounds for contesting a will in the UK

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