Challenging a Will

An unsuccessful challenge, by disappointed nieces and nephews, to the will of a wealthy widow (who left the bulk of her ten million pound estate to the owners of a Chinese restaurant) has been widely reported in the local and national press.

Such claims are not limited to estates of the rich and famous; there has been a noticeable increase in such claims – even in respect of estates of modest size.

There is greater freedom in England and Wales than in many other countries for a person to determine how his or her estate is to be distributed on death. However, certain conditions must be met if the terms of a will are to be enforced; the Courts may also intervene, if the terms of an otherwise valid will are deemed to be grossly unfair.

Experience suggests that successful claims are more likely where a will is ‘home-made’ or has not been drawn up by a professional - the will must be clearly expressed and validly executed. In some cases it will also be sensible for medical evidence to be obtained, at the time of making the Will, which confirms mental capacity.

A solicitor should be able to advise on the likelihood of convincing the Court that reasonable provision has not been for a claimant and to offer advice on minimising the risk of a claim.