Contested Wills and Inheritance Act Claims

The Inheritance (Provision for Family and Dependants) Act 1975 allows the court to make provision from an estate for certain applicants where the will (or intestacy) has not made "reasonable financial provision" for them.

Who can apply:

• The surviving spouse or civil partner of the deceased
• A former spouse or civil partner who has not remarried and has not already obtained a financial settlement from the court
• A child of the deceased (including adult children)
• Any person who, while not a child of the deceased, was treated by the deceased as a child of the family (for example, a stepchild who was raised by the deceased)
• Any person who was being maintained by the deceased immediately before their death (this includes other dependants who may not fit the above categories)
• A person who lived with the deceased as their husband, wife, or civil partner for the whole of the period of two years ending on the date of the death (cohabitants)

What "reasonable financial provision" means:

• For a surviving spouse or civil partner: such financial provision as it would be reasonable in all the circumstances for the applicant to receive, whether or not needed for maintenance — this is a higher standard.
• For all other applicants: such financial provision as it would be reasonable for the applicant to receive for their maintenance — a lower, maintenance-based standard.

When deciding an Inheritance Act claim, the court must consider a range of factors set out in section 3 of the Act, including:

• The financial resources and financial needs of the applicant (now and in the foreseeable future)
• The financial resources and financial needs of any other applicants and beneficiaries
• Any obligations and responsibilities the deceased had to the applicant
• The size and nature of the estate
• Any disability of the applicant or any beneficiary
• The conduct of the applicant and any other person
• For a surviving spouse: the applicant's age, duration of the marriage, and their contribution to the family welfare

What the court can order:

• A lump sum payment out of the estate
• Periodical payments (ongoing maintenance)
• A transfer of specific property from the estate
• The acquisition of property out of the estate and its transfer to the applicant
• The variation of a marriage settlement

The court has broad discretion and will try to achieve a fair outcome that meets the applicant's maintenance needs (or, for spouses, a fair share) without unduly prejudicing the other beneficiaries.

Separate from Inheritance Act claims, you can challenge whether a will is legally valid. The main grounds are:

• Lack of testamentary capacity: The testator did not understand the nature of making a will, the extent of their estate, or the claims of potential beneficiaries at the time of signing. Often relevant where the deceased had dementia, serious mental illness, or was heavily medicated.
• Want of knowledge and approval: The testator signed the will but did not know and approve its contents — for example, where the will was prepared by a beneficiary and the testator was not able to read it or understand it properly.
• Undue influence: The testator was coerced or pressured into making the will in a particular way by another person. Undue influence in will cases requires more than mere persuasion — it must have overborne the testator's free will. This is difficult to prove.
• Fraud or forgery: The will was fraudulently altered or the testator's signature was forged.
• Failure of formalities: The will was not properly executed — for example, the witnesses were not present at the same time, or the testator's signature was not in the right place.

To challenge a will's validity, you must enter a caveat at the Probate Registry before a Grant of Probate is issued. This prevents the grant being made and gives you time to pursue your challenge. A caveat lasts for 6 months and can be renewed. If the executor contests your caveat, the matter is referred to the courts.

Time limits — critical:

• Inheritance Act claims: Must be issued within 6 months of the Grant of Probate or Letters of Administration. The court has discretion to extend this period but rarely does so unless there are exceptional circumstances. If you are considering a claim, take legal advice immediately after the grant is issued.
• Challenging validity: Enter a caveat before the grant is issued. If a grant has already been issued, you will need to apply to "revoke" it, which requires court proceedings. There is no fixed time limit but delay can work against you.

Process:

1. Pre-action: Write to the executors setting out the basis of your claim and requesting copies of relevant documents (the will, the estate accounts). Most claims settle without going to court.
2. Mediation: Courts expect parties to consider alternative dispute resolution. Mediation is cheaper and faster than litigation and often achieves a better outcome for all parties.
3. Issue proceedings: If negotiations fail, issue a claim in the Chancery Division of the High Court (for larger estates) or the County Court.

Costs: Contentious probate litigation is expensive. Both sides generally pay their own costs regardless of outcome (although the court has discretion to make costs orders). Legal aid is not available. Some firms offer conditional fee arrangements (no-win no-fee) for strong claims.