Losing a loved one is always tough – but, unfortunately, if you’re a potential beneficiary of their will, it’s not always the end of the process. In fact, some beneficiaries may choose to contest a will for various reasons. In this article, we’ll explore the key reasons why beneficiaries may contest a will, especially in the UK, so that you can understand what can be done to avoid potential problems. For further details also check out this page.
Why Contest a Will
Lack of Capacity
One of the most common reasons for beneficiaries to contest a will is if they believe that the person who made the will did not have the capacity to do so. This can occur if the person was suffering from a condition such as dementia or Alzheimer’s disease that may have affected their decision-making abilities at the time they drafted their will. If there are any doubts about the person’s capacity at the time of signing, it’s advisable to seek written medical confirmation before executing a will.
Undue Influence
If there is evidence to suggest that the person who drafted the will was unduly influenced when making decisions about who to leave their assets to, a beneficiary may choose to contest the document. This could be due to outside pressure from a family member or friend, who may have used coercion to influence the person’s decision-making process.
Legal Formalities
It is important to ensure that the will is drafted, executed and witnessed properly, as a beneficiary may argue that the will is not valid if these legal formalities have not been followed. For example, if the will was not witnessed in line with the legal requirements, the document may be considered invalid in court.
Family Provision Act
Beneficiaries may also contest a will if they have not been adequately provided for by the person who has passed away. If a beneficiary feels they have not received a fair share of the estate, they may choose to contest the will under the Family Provision Act of 1975 and claim further financial provision from the estate.
Forged Will
One of the most serious reasons for a beneficiary to contest a will is if there is evidence to suggest that the will has been forged. If the document was not original or it contains errors or signs that do not match the person’s signature, the beneficiary can argue that the document is not a legal will.
In conclusion, understanding why beneficiaries may contest a will is important for the person drafting the will, as well as for the beneficiaries. To avoid potential issues, it’s advisable to seek professional guidance when drafting or making amendments to a will. It’s also important to make sure that the will is executed and witnessed correctly, and that no external parties are exerting undue influence on the decision-making process. By implementing these measures, you can reduce the risk of beneficiaries contesting a will, making the probate process smoother and less stressful for everyone involved.