Is it worth contesting a will in the UK?

When a person passes away, their estate – including any money, property and possessions they have – is divided up according to the terms of their will. In some cases, the will may be contested by those who feel they have not been adequately provided for. But is it worth contesting a will in the UK?

Understanding the legal process

Contesting a will is a legal process, so it should not be undertaken lightly. Due to the inherently complex nature of wills, it’s almost always advisable to seek legal advice from a solicitor with experience in this area. Also, the cost of contesting a will can be expensive, so it is important to weigh up the potential costs and benefits before deciding to proceed.

Grounds for contesting a will

There are several grounds for contesting a will in the UK, including:

• Lack of mental capacity – if the will-maker did not have the mental capacity to make a valid will.
• Undue influence – if the will-maker was unduly influenced or coerced into making a will.
• Fraud or forgery – if the will was forged or fraudulent in some way.
• Lack of valid execution – if the will was not executed in accordance with the law.

Is it worth contesting a will in the UK?

When contesting a will, it’s important to consider the potential outcome that this process might have. As we’ve already touched on, it can be quite an expensive process to contest a will, but in some cases, the losing party will also have to cover the legal costs of the other party, which can add to the total costs. There are also other implications that contesting a will might bring, such as heightened tensions between family members who are on different sides of the situation. So factor these considerations into your final decision before you start contesting a will. A Solicitor with experience of this area of law should be able to help you weigh up the pros and cons.

Potential alternatives to contesting a will

There may be potential alternatives to contesting a will which could be worth considering. In some cases, it may be possible to make a claim against the estate directly, without having to challenge the will (a claim under s. 2 of the Inheritance (Provision for Family and Dependants) Act 1975). This could be quicker and cheaper than contesting the will and may provide a more satisfactory outcome.

Conclusion

Contesting a will in the UK is a complex legal process which can be expensive and time-consuming. It is important to consider the potential costs and benefits carefully before deciding to proceed. There may be potential alternatives to contesting a will which could be worth considering. It is advisable to get legal advice from a solicitor before deciding whether or not to contest a will.

So if you think you’re in a position where you might want to contest a will and would like to know more about is it worth contesting a will in the UK, get in touch with our team at Will Claim today. You can use our free claim assessment to find out if you have a case to make a claim.