The decision of who to leave your estate to after you die is arguably the most personal aspect of writing a will. Sometimes, perhaps because of relationship breakdown, you may wish to exclude immediate family from inheriting under your will. Alternatively, you may simply want to exclude certain family members in order to benefit others, if you feel there has been an imbalance between them over the course of your life.

Whatever you decide, it is your will. However, it is possible for a will to be contested in certain circumstances.

There are two ways on which that they could challenge your will. First, they could argue that the will has not been validly made. In order to prove this, they would need to demonstrate one of the following:

·        You did not have the mental capacity to make a will

·        You did not have the intention to make a will

·        That you were unduly influenced into making the will

·        The will was not validly executed (a will is required by law to be in writing, signed by the testator (you), whilst such a signature must be witnessed by two other people)

·        Forgery or fraud

Alternatively, they could make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This Act permits certain categories of applicant (including a child of the deceased) to apply for a court order on the grounds that the will has failed to make “reasonable financial provision” for them.

The likelihood of such a claim succeeding would ultimately depend on the circumstances. If they are under the age of 18, live with you, or are dependent on you financially in any other way, they may have a strong case. The court will ultimately weigh up all of the factors including the size of the estate and the interests of the beneficiaries under the will.

It is possible for your will to be contested. In order to minimise that risk, it is important that you instruct a qualified and experienced probate solicitor to draft your will. They can discuss your testamentary intentions, ensure that you have mental capacity to make the will in the first place (and keep contemporaneous records of these matters to try and minimise the risks of a will dispute in the future). They can also ensure that your will is validly executed.

If you would like information about disputing a will, an inheritance dispute or any type of contentious probate case, please call 01902 424927 and ask to speak to one of our specialist contentious probate lawyers. Alternatively, please e-mail us at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues you wish to discuss with us, along with your contact details.

We have a dedicated practice team of contentious probate solicitors, covering all areas of the UK (with offices near Birmingham and in Wolverhampton) who are experienced in dealing with all types of contentious probate matters, including challenging a will and estate disputes.

We also have a team of probate lawyers who can assist if you wish to review you current will or to make a will for the first time.

We offer an initial no obligation telephone consultation for contentious probate disputes and we can sometimes act for clients who want to contest a will or commence an inheritance dispute/probate dispute on a no win no fee basis.