subject: Why You Need Expert Help When Challenging A Will [print this page] The field of probate law is fiercely complex, which is why it's notoriously difficult to challenge a will in court.
Recent, highly reported cases, such as Christine Gill who successfully challenged her mother's will which left 2 million to the RSPCA, have highlighted the complex nature of contentious probate.
According to The BBC, challenging a will is expensive, in terms of time, money and emotional effort.
However, if you feel that the will of a deceased love one fits into the three grounds usually employed to challenge a will, it can be almost impossible to walk away.
Under the Inheritance (Provision for Family and Dependants) Act 1975, one may argue that not enough has been set aside for you in the will. The challenger must prove they are eligible to bring a claim under the Act and that, before the death, they were dependent upon the deceased. Usually this covers children and co-habiting couples.
You can alternatively argue undue influence, meaning that there was an element of coercion which makes the will invalid. Similarly, arguing a lack of testamentary capacity also renders the will invalid because it means the person wasn't aware of what they were doing.
These challenges are hard to prove because, even if medial evidence can suggest that the person might not have had the right mental capacity to draw up a legal document, the law is skewed to assume that people have the capacity to make their own decisions.
In 2007 the son of a wealthy businessman successfully challenged his father's will, which left a 8 million fortune to the Conservative Party. The judge ruled that the deceased was not of sound mind when the will was drafted in the mid-80s.
According to The Telegraph, if you think you have reason to challenge a will, you should do so before probate is granted. The longer you take to lodge an action, the weaker you case will be by the time it reaches court.
