Grounds for challenging the validity of a Will in UK law include lack of capacity, undue influence, fraud, and failure to comply with legal formalities. Lack of capacity refers to the deceased's inability to understand the nature and effect of their Will. Undue influence occurs when someone exerts pressure on the testator to make a certain provision in their Will. Fraud involves deception or misrepresentation in the making of the Will. Failure to comply with legal formalities means the Will does not meet the requirements set out in the Wills Act 1837.

To check if a Will is valid you need to ensure that the Will was executed in compliance with the legal formalities, the person making the Will had the capacity to make the Will, and was not under any undue influence or pressure. If there are any doubts about the validity of the Will, it may need to be contested in court.

Yes, a Will can be invalidated if it was not signed in front of witnesses because it will not have been executed in compliance with the requirements of the Wills Act 1837. The Act requires that the testator (person making the Will) signs the Will in the presence of two witnesses who must also sign the Will in the presence of the testator. Failure to comply with these requirements may render the Will invalid.

Yes, a Will can be invalidated if the testator lacked mental capacity at the time of signing. Under UK law, a person must have the mental capacity to understand the nature and effect of making a Will, the extent of their property, and the claims of those who might expect to benefit from the Will. If it is found that the testator lacked mental capacity at the time of signing, the Will can be challenged and declared invalid.

Yes, a Will can be invalidated if the testator was unduly influenced by someone else. Under UK law, if it can be proven that the testator was coerced or manipulated into making certain provisions in their Will, the court may declare the Will invalid. The burden of proof lies with the person challenging the Will to demonstrate that undue influence was exerted on the testator.

Yes, a Will can be invalidated if it was not properly executed according to UK law. The Will must be in writing and signed by the testator in the presence of two witnesses who also sign the Will. Failure to meet these requirements can result in the Will being declared invalid.

If a Will is found to be invalid, the deceased's estate will be distributed according to the previous Will and, if there isn't one, the rules of intestacy. The intestacy rules means that the estate will be divided among the deceased's closest living relatives, as determined by law. The deceased's wishes, as expressed in the invalid Will, will not be taken into account.

Yes, an invalid Will can be contested. If there are concerns about the validity of a Will, it can be challenged in court. This may happen if the Will was not properly executed, if the person making the Will did not have the mental capacity to do so, or if there are suspicions of fraud or undue influence.

Yes, a Will can be contested after probate has been granted. However, if a grant is issued before a claim is made, there is a danger that the assets of the estate will have already been distributed in compliance with the invalid Will.

There is no time limit for bring a case to challenge the validity of a Will. However, delay may result in important evidence being destroyed or lost. The court may also not be willing to allow a claim brought if there has been extensive delay because it is not fair to the defendant that they be met with a claim.

It is not mandatory to hire a solicitor to contest an invalid Will, but it is highly recommended. Contesting a Will can be a complex legal process, and a solicitor can provide valuable guidance and representation. Additionally, if the case goes to court, a solicitor will be necessary to present the case effectively. It is important to choose a solicitor with experience in will disputes and a good track record of success.

In order to assess the merits of a validity challenge we need to carry out an Initial Case Assessment (ICA) at a fixed cost of £2,000 plus VAT. This includes the cost to:

• Register a caveat with the Probate Registry.

• Make enquiries with the Will draftsman about the circumstances surrounding the preparation and execution of the Will.

• Carry out a full assessment of the information and material gathered.

• Advise you of the outcome and seek your instructions in relation to any points that arise.

• Obtain the deceased's medical records and review them.

• Advise you of the outcome of that review and seek your instructions in relation to any points that arise.

• Speak with witnesses who knew the deceased who could give evidence about the deceased's cognitive decline and/or whether they were a victim of undue influence. Take a note of their evidence (we will not prepare formal witness statements at this stage).

There will be an additional fee of £600 +VAT to be paid to an expert medical advisor who will review medical records, the Will file and the evidence of witnesses who knew the deceased limited to a maximum of 150 pages and speak with us for 30 minutes by telephone to discuss whether the deceased had capacity to make a Will and/or was someone who was susceptible to being unduly influenced.

We will also ask the deceased's GP to provide us with their view about their testamentary capacity when the deceased gave instructions and executed their Will. The GP may charge for this and, if so, we will pass the GP's charges on to you.

Thereafter, we will decide whether we are able to act under a no win, no fee agreement.

If you're considering challenging a contentious Will, get in touch with our team for more information about the next steps. Call us on 0800 689 3607, request a call back or enquire online.