WHAT TO DO IF YOU THINK A WILL IS UNFAIR

GARY RYCROFT, a partner at Joseph A. Jones & Co. Solicitors, Lancaster, and a member of the Law Society’s Wills & Equity Committee, says: ‘There are several ways to challenge the validity of a will, though it’s a complex area and shouldn’t be undertaken lightly.

‘A will can be contested if it’s thought it wasn’t prepared properly, according to all the formalities laid out in the Wills Act — if it wasn’t witnessed correctly, for example.

‘It can also be challenged if you think someone lacked capacity when it was made — in other words, that they didn’t know what they were doing at the time. This sort of challenge is on the increase because we’re living longer and dying with dementia, which can make it harder for people to understand the implications of their actions. A variation on this, called “lack of knowledge and approval”, occurs when someone knows they’re making a will, but doesn’t understand what’s in it, or hasn’t had it properly explained to them.

‘It’s also possible to contest a will if you think it was made under undue influence or duress from someone else. You need really good evidence of this, though.

‘In all these cases, it’s important to think very carefully about the consequences of your challenge. Ask yourself: Is this really going to work in my favour or not? If a will is successfully overturned, it may be that an earlier version is then revived, or that the person is judged to have died without a valid will at all and the estate will then be dealt with under the rules of intestacy.

There is one other route aggrieved relatives can sometimes try. The Inheritance (Provision for Family and Dependents) Act 1975 allows claims to be made by people who haven’t been provided for in a will, but feel that they should have been. In this instance, there’s no issue with a will’s validity but instead with its outcome — though, again, you’ll need to make a strong legal case.

‘Broadly, people who can bring these claims include spouses or civil partners and children — people who might have a reasonable expectation of being looked after in a will.’