Contesting a Will: Inheritance Rights of Nieces and Nephews in the UK

26 July 2023 8:15 am

When a loved one passes away, their will determines how their estate will be distributed. However, there are cases where family members, such as nieces and nephews, feel they have been unfairly excluded or inadequately provided for in a will. In such situations, contesting a will becomes a viable option to assert inheritance rights. This article explores the inheritance rights of nieces and nephews in the UK and provides an overview of the process involved in challenging a will.

Contesting a Will: Inheritance Rights of Nieces and Nephews in the UK

Contesting the validity of a will and arguing for inheritance rights of nieces and nephews in the UK is a significant decision that should not be taken lightly. However, there are certain circumstances in which nieces and nephews may have valid reasons to challenge the provisions of a will and reinforce succession laws. Even in cases where a will isn’t in place, then intestate succession might provide nieces and nephews will a valid claim. Here are some common scenarios that may warrant contesting a will:

Financial Dependency: If the niece or nephew was financially dependent on the deceased, they may have grounds to contest the will. This could be the case if the deceased provided regular financial support or if the niece or nephew relied on the deceased for their day-to-day needs.
Lack of Reasonable Provision: The Inheritance (Provision for Family and Dependents) Act 1975 specifies that a will must make reasonable financial provision for certain individuals as part of estate planning. If the niece or nephew can demonstrate that the will fails to provide for their maintenance and financial well-being adequately, they may have a valid reason to contest it.
Unfair Exclusion: Sometimes, a will may completely exclude a niece or nephew from receiving any inheritance, while other family members receive substantial shares. If there is evidence to suggest that the exclusion was unjust (but in particular the result of undue influence), the niece or nephew may have a case to challenge the will (provided they are a beneficiary under a previous valid Will or by the rules of intestacy).
Mistake or Fraud: If there are grounds to believe that the will is a result of a mistake or fraudulent activity, contesting the will becomes justifiable. This could involve situations where the deceased was coerced, manipulated, or deceived into making certain provisions in the will (but see above – the nieces and nephews in question must have an interest in the outcome of the claim – either under the rules of intestacy or where they are a beneficiary under a previous valid Will and in every case including the instances mentioned below).
Testamentary Capacity: A valid will requires the testator (the person making the will) to have had testamentary capacity at the time of its creation. If there are doubts about the testator’s mental capacity, such as if they were suffering from dementia or cognitive impairment, contesting the will on the basis of lack of testamentary capacity may be warranted.
Undue Influence: If it can be demonstrated that the testator was unduly influenced or coerced by another person in making the provisions of the will, the niece or nephew may have a strong case for contesting it. Undue influence typically involves the exertion of pressure or manipulation on the testator to influence their decisions.
Incorrect Execution: Wills must adhere to certain legal formalities to be considered valid. If there are concerns about the proper execution of the will, such as the absence of witnesses or failure to follow required procedures, the niece or nephew may be able to contest the will on the grounds of incorrect execution.

The Process of Contesting a Will

Contesting a will involves several stages, and it is advisable to seek legal advice throughout the probate process. Here is a step-by-step overview of how to contest a will in the UK:

Seeking Legal Advice: It is crucial to consult with an experienced solicitor who specializes in will disputes. They can provide guidance on the strength of your case and the likelihood of success.
Gathering Evidence: Your solicitor will help you gather evidence to support your claim. This may include financial records, correspondence, and any other relevant documents that demonstrate your financial dependency on the deceased.
Mediation or Negotiation: In some cases, it may be possible to resolve the dispute through mediation or negotiation. This involves discussing the issues with the beneficiaries and their legal representatives in an attempt to reach a mutually agreeable settlement.
Court Proceedings: If mediation or negotiation fails to produce a satisfactory outcome, court proceedings may be necessary. Your solicitor will assist you in preparing your case and representing your interests before the court.
Court Decision: The court will carefully consider the evidence presented by both parties and make a decision based on the circumstances of the case. They will assess whether reasonable financial provision has been made for you and may order the redistribution of assets if they find in your favour.

Know Your Rights Around Will Inheritance

Contesting a will can be a complex and emotionally challenging process, but it is an avenue available to nieces and nephews who believe they have been unfairly excluded or inadequately provided for. By understanding the inheritance rights granted by the Inheritance Act, gathering the necessary evidence, and seeking legal advice, nieces and nephews can navigate the process with greater confidence. It is crucial to remember that each case is unique, and the outcome will depend on the specific circumstances and the strength of the evidence presented.

If you would like to contest a will, then having a professional in your corner can make the process simple. Get in touch with our experts at Will Claim today to learn more about contesting a will, or fill out our free claim assessment and our team at Will Claim will get in touch with you.