The loss of a close one can be distressing enough without then realising that you don't feel the will is correct. There are however procedures in place allowing wills to be challenged in the unfortunate event it is necessary. However doing so can be complex, costly, time consuming, stressful and divide people. It can make a difficult time even harder and for these reasons should perhaps only be given serious consideration in the most pressing of instances. There are three main methods of contesting a will: The Inheritance Act 1975
This is essentially the only way of arguing, under a valid will, that you have not received a rightful share. It may seem inequitable or even disrespectful to be able to disregard some of a deceased individual's final wishes. However the reasoning is that if people really need the money then they should attain it from this source - as opposed to being supported by the taxpayer. Essentially it must be proved that the deceased failed to leave adequate provision for the contester. If this can be demonstrated than the court shall have the power to alter the will to make fair provision for the contester(s) taking all relevant factors into account. After this has been accounted for the remainder will then usually be distributed according to the wishes of the deceased. However those who qualify for free legal information on Contesting a Will. under the Act are limited.
Undue Influence
This is when it appears a will has been created with unfair pressure placed in some form is placed on the creator to draw their will up in a certain way. The most obvious sign which may raise suspicion of this is if an individual receives a surprisingly large proportion of the deceased estate. If undue influence can be proved then usually the court will revoke the will and the rules of intestacy will apply. However it can be a complex and difficult allegation to prove, as soon as suspicions arise it would be prudent to seek the advice of a specialist legal professional.
Testamentary Capacity
This method of challenge essentially alleges that when the deceased made their will that they did so with an unsound mind and that had they been fully capable they would have drawn up their will differently. This course can be a very costly and difficult one to take. Forgeries and setting aside a Judgement?
Other ways of challenging a will include proving it was a forgery, which again can be difficult to show, often a handwriting expert will be required. Alternatively a will can be set aside if it was not drawn up properly to begin with, this is a far simpler means of challenging a will and should probably be looked into before contemplating the more complex routes. However the effect of both these methods is to invoke the intestacy rules and the deceased estate will pass down to relatives in a specified order and proportion.
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