Contesting a will is one of the trickiest processes any of us might end up having to navigate. Between the emotional, financial, and familial stress – not to mention the difficulties of disputing a document created by someone who is no longer here to offer clarifications or justifications – it’s a daunting prospect for anyone who feels as though their loved one’s will is not written (or being interpreted) as it should be.
In most cases, there are inevitably going to be moments when the person contesting the will wishes they could speak with the testator once more and ask for them to shed some much-needed light on the situation.
But is it ever possible to have this conversation or, if needed, confrontation? In other words, are there ever instances when the person contesting the will can begin legal action before the testator has died?
No – Here’s Why
A will is a legally binding document, but it is not able to take effect until the testator (the person who has written the will) dies. Just as there is no way for a beneficiary to claim their inheritance while the testator is still alive, you will need to wait to contest the will.
How (and When) Can it be Contested?
Following the testator’s death – once the will has taken effect – you can dispute its validity, provided your case confirms one (or more) of the grounds for contesting a will.
In other words, you need to be able to justify your claim against its validity, using one of the following conditions:
- That the testator lacked “testamentary capacity” at the time of the will’s creation.
- That the testator was under undue “influence or coercion” from another party. They might have been forced into writing their will according to another person’s wishes or told misinformation about another person that directly caused them to alter that person’s inheritance.
- The will might have been completed without the full knowledge and approval of the testator.
- There may be clerical issues. According to the Wills Act of 1837, a will can only be considered valid if it has been signed in the presence of at least two witnesses. These witnesses must be present at the same time. This (seemingly minor) mistake can make a will invalid, even if the document fully reflects the testator’s wishes.
- Forgery and fraud are also grounds for contesting a will.
If you feel that your loved one’s will needs to be contested, then the first thing you should do is reach out to expert will dispute solicitors, who can help you to navigate this tricky, stressful, and, often, long process the right way.
Keep in mind that there is a time limit of six months from the grant of probate, in which time you must begin the process, or risk missing that brief window of opportunity all together. It’s not easy, but it is possible, provided your timing is right, and you are able to provide evidence to support your case.
