Contesting wills: specialist solicitors: contested inheritance: probate claims:

  • lack of testamentary capacity
  • undue influence
  • claims relating to a “missing” will
  • proprietary estoppel
  • constructive trusts
  • against executors/administrators for breach of trust
  • against solicitors arising from preparation & execution of wills & the administration of estates

Representing UK & international clients in courts of England & Wales

Inheritance Act Claims Assessment Form

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"I would like to thank you both for your assistance in this matter and put on record my appreciation for the quality of your advice and the way in which it has been very clearly articulated, I would not hesitate in recommending your firm to anyone else." (London)

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Recent cases at Humphreys & Co. include:

  • Acting for claimants, executors and beneficiaries in claims under the Inheritance (Provision for Family and Dependants) Act 1975)
  • Securing a settlement for a nephew of the deceased aunt who had promised her house to him but had instead left it to her partner
  • On behalf of the main beneficiary, defending claims made against a will as a result of a relative refusing to testify as to the validity of a will
  • Securing a declaration by consent of an earlier “shredded” will
  • Securing revocation of a grant of probate through an order by consent that a later will was invalid as it had not been properly executed and that an earlier will should be admitted to probate
  • Securing a financial settlement for a disappointed beneficiary through formal mediation based on concerns relating to a lack of testamentary capacity and the presence of a valid Inheritance Act claim
  • Obtaining a declaration for the members of the deceased’s wife’s family following contested court proceedings that the deceased’s estate should be administered according to the trusts of a previous “mutual” will made in the same terms as those of his late wife and not according to a later will giving his estate to the deceased’s family.

Member of the Association of Contentious Trusts & Probate Specialists

Contesting a will: the available options

There are 3 main grounds upon which wills are commonly contested, as set out below. Bear in mind that strict time limits apply to contested wills, so it’s prudent to act quickly. In order to preserve all available remedies, it’s best to contact specialist solicitors without delay.

Even if a will cannot be challenged on the grounds below, it may nevertheless be possible to change its terms with a deed of variation. You will need to first obtain the agreement of all parties to be affected by the change.

(1) Invalid: it does not comply with the applicable law

The court may set aside a will for formal invalidity if it was not properly signed or witnessed.

The court may also set aside a will if the Deceased’s condition meant that they were not competent to make a will and/or they may not have understood or approved its terms. This is particularly so if the will was made shortly before death.

A will must reflect the free informed wishes of the Deceased. If someone bullied or tricked them into making a will (or changing their existing will) in terms that did not reflect their true wishes, the court may set it aside.

(2) Ineffective: it does not reflect the deceased’s intentions

The court may be prepared to enforce, in whole or in part, prior agreements and promises made by the Deceased as to how they would leave their property.

The court will be prepared to correct an obvious mistake in some cases.

(3) Inheritance Act: it does not provide for everyone it should

If a valid will (or the intestacy rules which apply where no will has been found) doesn’t make reasonable financial provision for you, you may be able to make an Inheritance Act claim.

Such a claim can be made by, among others, former spouses and civil partners, some partners, children (including adult children) and dependants. Time limits apply.

We offer an initial analysis of your potential claim (with options & recommendations) for a fixed charge

I would like to take this opportunity to personally thank yourself and your colleagues at Humphreys & Co. for all the work, help and kindness you have shown for J over what have been 3 difficult and traumatic years, and also Mr. C who represented at the mediation last November, for whom J has very high regards.” (Staffordshire)

Some key law on contested wills

It is essential that a testator  shall understand the nature of the act and its effects; shall understand the extent of the property of which he is disposing; and shall be able to comprehend and appreciate the claims to which he ought to give effect, and; with a view to the latter object,  that no disorder of mind shall poison his affections, pervert his sense of right or pervert the exercise of his natural faculties;   that no insane delusions shall influence his mind in disposing of his property and bring about a disposal of it which if his mind had been sound, would not have been made.Banks v Goodfellow [1870]

If a will is duly executed and the testator has testamentary capacity……… the court will presume in the absence of other evidence that the testator knew and approved the contents of the will, unless the circumstances are such as to excite the suspicion of the court. If  such  circumstances exist, the burden lies on those seeking to prove the will to establish  affirmatively,  on  the balance of probabilities, that the testator knew and approved the contents  of the will” Fuller v Strum [2002].

In these circumstances, the task of the court is to assess the evidence and reach its conclusion, on the balance of probabilities.

Where a will has been duly executed by a deceased of testamentary capacity who knew that he was making a will and is shown to have known and approved of a specific part of the will, the court must consider how real is the possibility that the deceased did not know and approve of the remainder of the will and that requires a careful examination of all the circumstances including the directions and dispositions of the will.

The question is whether the court is satisfied that the contents do truly represent the testator’s testamentary intentions.” Fuller v Strum [2002]

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