A small percentage of Wills in England and Wales are formally contested every year, with only a fraction of these challenges resulting in success.
This suggests that while contesting a Will is an option for those who believe they have been treated unfairly, the chances of overturning or altering the will's provisions are relatively low.
Successfully contesting a Will in the UK is not an easy process, and the legal system generally upholds the principle of testamentary freedom, meaning that people have the right to decide how their estate is distributed.
Ultimately, the success rate of contesting a Will in the UK can vary and depends on the specific circumstances of each case.
Here are some factors to consider, which impact on the success rate of contesting a Will in UK.
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Grounds for Contesting a Will
To contest a Will, there must be valid legal grounds. Common grounds to contest a Will in the UK include things like:
- Fraud
- A Lack of Testamentary Capacity
- Undue Influence
- A Failure to Comply with Legal Formalities
Successfully proving these grounds can be challenging for the average person.
Wills in the UK are presumed to be valid unless proven otherwise. Anyone contesting a Will has the burden of proving that the Will is invalid or that certain provisions should be set aside.
Evidence for Contesting a Will
Successful challenges of a Will in the UK often hinge on the availability and strength of evidence supporting the reasons for contesting the Will. The courts of England and Wales will consider factors such as medical records, witness statements, and expert opinions.
Factors like clear capacity of the deceased, unambiguous Will terms, reliable witnesses, and competent solicitors reduce the success rate of contesting a Will in the UK.
Time limit for Contesting a Will
Acting swiftly is key in contesting a Will in the UK. Ultimately, the time limit for contesting a Will depends on the grounds for the contest. Some grounds have a limit of 6 months from the grant of probate, but others, like fraud, have no time limit.
However, when it comes to contesting a Will, delaying action not only risks missing the legal deadline but also affects the evidence and the overall strength of your case. This can impact the success rate of contesting a Will.
In certain circumstances, the court may grant extensions but this is not guaranteed and depend on the specifics of each case.
What happens if the Will is contested?
Drafting a legally valid Will is one of the most important steps a person can take to reduce the success rate of someone contesting their Will in the UK.
However, even a properly executed a Will can wind up being contested by disgruntled beneficiaries or family members. So what exactly happens when a Will is challenged in the UK judicial system?
If a Will is challenged and found to be invalid, the estate will be processed according to a previous Will. If there was no previous Will, it falls to the Law of Intestacy, in which the estate up to £250,000 is left to the surviving spouse, and whatever remains is split in half, between the spouse and any children.
Exact Will Contestation Process
Contesting a Will in the UK requires the following steps to be taken:
- An interested party must apply to the court for a caveat, preventing anyone from obtaining probate without the caveat being resolved first.
- The person contesting the Will submits a formal writ to the probate court setting out details of their claim and case against the Will’s validity.
- Efforts to resolve the dispute through mediation may be undertaken, but if unsuccessful, the case proceeds to trial.
- A judge will hear arguments from the lawyers representing both sides at trial before deciding if the Will contest has merit. This is where the evidence is presented and the strength of it will impact whether or not the Will is successfully contested.
- If legitimate grounds are established, the court can pronounce the Will void and determine how any assets should subsequently be distributed if no prior valid Will exists.
- If the contest fails, the disputed Will remains valid and can proceed through probate administration by the executors.
- Settlements are also common with the challenger receiving a share of assets in return for halting further contest.
Court Discretion
Courts have full discretion in determining the outcome of a Will contest. Even if grounds are proven, the court may still decide not to alter the distribution of assets if it deems it unfair or if there are other considerations.
Legal Costs of Contesting a Will
Contesting a Will can be an expensive and lengthy process with the costs generally paid by the party contesting the Will. The risk of significant legal expenses is a factor that must be considered before proceeding.
Some average cost considerations in the UK include:
- Solicitor’s fees - A solicitor may charge £150-£300+ per hour and fees can easily exceed £10,000 for a complex Will dispute case that goes to trial. Often the success rate of contesting a Will in the UK hinges on the quality of a persons legal representation, so this is an important factor to consider.
- Barrister fees
- Instructing a barrister for representation at hearings could involve fees of £5,000-£20,000+.
- Court fees
- Applying for the initial caveat and filing court claim forms may cost around £200-£500 in fees.
- Expert witness fees
- If professional experts like doctors or handwriting analysts are used, fees of £1,500+ per report/testimony are common.
- Tax advisor fees
- Getting tax advice on any settlement could cost around £2,500-£5,000+.
- Lost inheritance
- If successful, the estate will need to pay the challenger from funds that would have gone to others.
- Time and stress
- Contesting a will often takes 1-2 years minimum given court backlogs, prolonging emotional burdens for all parties.
- Damaged relations
- Disputes over inheritance frequently cause permanent rifts within families. This intangible cost can be immense.
Overall, the total costs for contesting a Will often end up being tens of thousands of pounds at minimum when factoring in legal fees, expert costs, tax expenses and the lost value from funds diverted from rightful beneficiaries to settle claims. Individual costs vary widely based on the complexity of each case.
It is always advisable to try resolving matters amicably before initiating formal court proceedings over a Will especially because the success rate of contesting a Will in the UK is so low and yet the process is so expensive.
In some cases, mediation is recommended as an alternative to court proceedings. Mediation aims to reach a resolution through negotiation rather than a court decision and the majority of Will contests are settled before reaching a court decision.
Read more: Importance of a Will UK
Impacts of Contesting a Will
A prolonged Will contest can significantly disrupt and drain an estate through costly legal fees, delays, stress, and complications for executors and beneficiaries.
Assets may become tied up for years until matters get fully resolved either in court or through a settlement agreement. This can create major hardships if beneficiaries were dependent on inheritance for living expenses or paying off debts.
Relationships within families can also suffer permanent damage when some members believe the Will is unfair while others defend it. Emotions tend to run high around Will disputes.
The Key Lesson - Draft a Proper Will!
People writing a Will should take steps to minimise the risk of it being contested successfully, such as ensuring that the Will is properly drafted, executed, and reflects the testator's intentions.
DIY Wills you can find for free on the internet or cheap Will Kit’s are more affordable than a lawyer but pose significant risks. While it may seem cost-effective, the lack of professional drafting and guidance leaves you vulnerable to oversights, with a heightened risk of legal invalidity and solid grounds for contesting.
Despite any initial cost savings, the potential errors that could invalidate a DIY will may far outweigh the perceived benefits compared to drafting a professional UK Will.
The good news is that Aatos is about to launch its very own UK Last Will, which has been carefully drafted by our in-house lawyers. We hold your hand through the process - all you need to do is answer some simple questions and your Will is custom made for you and can even be delivered to your door for signature. It’s seriously that easy!
Once you have an effective Will in place this can significantly reduce the success rate of someone contesting your Will.
Other ways to Avoid Successful Will Contests
Steps you can take to minimise chances of having your Will successfully contested in the future and avoid the negative aspects of your Will being contested are:
- Selecting reliable executors with strong integrity who will defend the Will if challenged.
- Making reasonable financial provision for any dependent family members to avoid claims under the Inheritance Act.
- Communicating intentions clearly to beneficiaries to head off misunderstandings.
- Destroying old Will versions to avoid confusion.
- Using mediation during life to resolve any perceived inconsistencies or grievances over estate planning.
No Will is guaranteed to avoid contests completely. But prudent planning and preventive steps can help deter challenges and put you in the best position to defend against contests should they arise.
While Will contests may be inevitable in some cases, implementing protective measures when making your Will and estate plan can go a long way toward preserving your wishes.
Success Rate of a Will in UK Varies
To conclude, successfully contesting a Will in the UK is a complex and challenging process that demands a solid case supported by strong evidence and legal expertise. It is noteworthy that a significant majority of Wills in the UK go uncontested, highlighting the difficulty in successfully challenging testamentary decisions.
The success rates of contesting a Will in the UK vary and are contingent upon factors such as the strength of the presented case, the effectiveness of legal arguments, and the details surrounding the contested Will. Given the potential stress, cost, and burden associated with Will contests, it is wise to preemptively address these concerns by creating a strong and legally valid Will.
Professionally drafted Wills are essential to ensure their legal validity and minimise the likelihood of successful challenges. This is where Aatos comes in - our affordable Will products are lawyer drafted and adhere to UK legal standards and guidelines.
So why not explore our range of products today to secure the clarity and legitimacy of your testamentary wishes!