Contesting a will

Lack of valid execution of a will

A will is normally only valid if it is:

• In writing

• Signed by the deceased (or someone on their behalf, on their instruction)

• Witnessed by two independent adults, who are both present at the signing, and who also sign the will

Undue influence

There must have been ‘coercion’ rather than just ‘persuasion’ to successfully challenge a will on the grounds of undue influence. The form of the undue influence can take many forms perhaps an instant act of pressure, intimidation, domination, control, or emotional pressure.

There is a 5 part evidential test:

• 1. The coercer was in a position to exercise influence

• 2. The coercer did exercise influence over the deceased

• 3. The influence exercised was ‘undue’

• 4. The undue influence was exercised in relation to the will

• 5. The undue influence exercised for the will to be executed

In short, undue influence must be the only reasonable explanation for the contents of the will, rather than just one possible explanation.

Lack of testamentary capacity

One of the grounds in which a will can be challenged is lack of capacity. A judge will consider a number of factors including medical evidence and the evidence of the solicitor who drafted the will. 

The test for capacity involves four questions: 

• 1. Did the deceased understand that they were making a will, and the effects of it?

• 2. Did the deceased understand the extent of their estate?

• 3. Did the deceased understand as to those who would have claims on the estate?

• 4. Was the deceased impaired by any disorder of the mind, or delusions?

A judge will consider a number of factors including medical evidence and the evidence of the solicitor who drafted any will.

How can Hodge Jones & Allen Solicitors assist you?

Specialist Solicitors 

We are accredited by the Association of Contentious Trust and Probate Specialists and have over four decades of specialist experience in this area of law, helping clients receive what’s rightfully theirs in complex and high-value cases. 

We’ll ensure that the solicitor you deal with is the right match for your specific situation, helping you find the best possible resolution during what can often be a stressful and emotionally charged  time. 

Collaborative Expertise 

Our specialist Wills & Probate and Dispute Resolution teams work closely to contest wills, avoiding further legal disputes where possible to get the result you deserve with minimal stress, time and cost. We pride ourselves on offering a top quality, confidential holistic service and achieving the best outcome for you.