Looking to contest a Will?

Over the years, IDR has helped thousands of people to reach their desired outcomes in a timely and cost-effective manner. They are selective in the cases they accept and avoid taking on large volumes, so you can rest assured that their team is committed to ensuring they can make a difference to your individual circumstances.

IDR primarily operates on referrals by Will and Probate companies such as ourselves, and we are pleased to recommend them to our clients. Their services include a substantial support network with a dedicated phone line where you can have any questions and concerns addressed promptly and professionally.

Try out their free inheritance claim checker today!

Free claim checker

Common grounds to contest a Will

Lack of capacity

If the Testator (the person who made the Will) lacked the mental capacity to understand the nature and effect of their actions when creating the Will. This lack of capacity could be due to factors such as mental illness or medication.

Undue influence

If the Testator was under any pressure or was coerced to create or change the Will. This often involves situations where a caregiver, family member, or close associate manipulates the Testator.

Incorrect execution

For a Will to remain valid, it must be prepared and signed according to the rules within Section 9 of the Wills Act 1837. For example, the Testator must sign in the presence of two independent witnesses, who also sign. If this has not been done, the Will may be invalid.

Fraud or forgery

If there’s evidence that the Will was forged or created under fraudulent circumstances. This includes situations where someone signs the Testator’s name without authorisation.

The Inheritance (Provisions for Family and Dependants) Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 is legislation that allows certain individuals to make a claim against an estate and contest a Will if they believe that reasonable financial provision has not been made for them in the deceased’s will or under the Rules of Intestacy (when someone dies without leaving a valid will).

The following individuals may be eligible to make a claim:

1. Spouse or Civil Partner: A surviving spouse or civil partner of the deceased may make a claim, regardless of whether they were named in the Will or not.
2. Former Spouse or Civil Partner: A former spouse or civil partner may also make a claim if they were financially dependent on the deceased at the time of their death.
3. Children: Biological and adopted children of the deceased may make a claim if they were not provided for or adequately provided for in the Will.
4. Co-habiting Partner: A person who was living with the deceased as if they were married or in a civil partnership for at least two years prior to the death may make a claim if they were financially dependent on the deceased.
5. Other Dependants: Individuals who were being maintained, either wholly or partly, by the deceased before their death may also be eligible to make a claim.

The IDR Claim Checker takes minutes to complete and will give you a clearer idea of whether making a claim is viable or if you are able to contest a Will.

Free claim checker